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Full text of "North Carolina Register v.10 no. 19 (1/2/1996)"

♦ 



; ■ 



NORTH CAROLINA 



REGISTER 



'~" 



VOLUME 10 • ISSUE 19 • Pages 2478 - 2586 
January 2, 1996 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611- 744 7 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Final Decision Letters 

Environment, Health, and Natural Resources 

Human Resources 

Secretary of State 

Soil Scientists Licensing Board 

Rules Review Commission 

Contested Case Decisions 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



( 



# 



NORTH CAROLINA 



IN THIS ISSUE 




I. IN ADDITION 

Voting Rights Act 



2478 - 2479 



II. PROPOSED RULES 

Environment, Health, and Natural Resources 

Coastal Management 

Secretary of State 



2480 
2480-2505 



♦ 



Volume 1 O, Issue 1 9 
Pages 2478 - 2586 



January 2, 1 996 



This issue contains documents officially 
filed through December 7, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



III. RULE-MAKING PROCEEDING 
Environment, Health, and Natural Resources 

Departmental Rules 2506 

Wildlife Resources & Water Safety ......... 2506 - 2507 

Human Resources 

Facility Services, Child Day Care 2506 

Licensing Board 

Soil Scientists Licensing 2507 

IV. TEMPORARY RULES 

Environmental Management 2508-2512 

V. RRC OBJECTIONS 2513-2521 

VI. CONTESTED CASE DECISIONS 

Index to ALI Decisions 2522 - 2538 

Text of Selected Decisions 

92 EHR 0300 2539-2549 

94 DHR 1732 2550-2559 

VII. CUMULATIVE INDEX 2561 - 2586 



* 



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Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1019nort 



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IN ADDITION 



# 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



# 



U.S. Department of Justice 

Civil Rights Division 

DLP:MAP:NT:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-3091 Washington, D.C. 20035-6128 



November 15, 1995 

Donald I. McRee, Jr., Esq. 

County Attorney 

P.O. Box 39 

Elizabeth City, North Carolina 27907-0039 

Dear Mr. McRee: 

This refers to the adoption of the Votronic DRE Touch Screen Voting System for Pasquotank County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission 
on September 20, 1995. 

The Attorney General does not interpose any objection to the specified change. However, we note that the failure of the 
Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change See the Procedures for 
the Administration of Section 5 (28 C.F.R. 51.41) 



Sincerely, 

Deval L Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



• 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2478 



IN ADDITION 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:JSS:jdp:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-3045 Washington, DC. 20035-6128 



November 15, 1995 

Robert W. Oast, Jr., Esq. 

City Attorney 

P.O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. Oast: 

This refers to five annexations (Ordinance Nos 95-56 to 58, 95-72, and 95-73) and their designation to voting districts 
of the City of Greenville m Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting 
Rights Act, 42 U.S.C. 1973c. We received your submission on September 19, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Deval L Patrick 

Assistant Attorney General 

Civil Rights Division 



( 



< 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



2479 NORTH CAROLINA REGISTER January 2, 1996 10:19 



PROPOSED RULES 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7M - GENERAL POLICY 
GUD3ELINES FOR THE COASTAL AREA 

SECTION .0300 - SHOREFRONT ACCESS 
POLICIES 

The Coastal Resources Commission would like to announce 
a change in the location and date of their public hearings to 
be held on rules proposed for amendment in 15 A NCAC 
7M .0300. This subject matter notice was previously 
published in Volume 10, Issue 16B of the NC Register on 
pages 1921-1922. These hearings have been rescheduled as 
follows: 

Date: March 28, 1996 

Time: 4:00 p.m. 

Location: Blockade Runner Hotel 

275 Waynick Boulevard 
Wrightsville Beach, North Carolina 



TITLE 18 - SECRETARY OF STATE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Boxing Commission intends to 
adopt rules cited as 18 NCAC 9 .0101 - . 0108. The agency 
is publishing the text of the rules it proposes to adopt as a 
result of any comments received on the subject matter 
Subject matter was published in 10.16B NCR 2015. 

Proposed Effective Date: April 1 , 1996 

Reason for Proposed Action: To enact legislation passed 
by the 1995 legislative session in Ratified House Bill 555. 

Comment Procedures: Tfie Division will accept written 
comments up until 5:00 p.m. on February 5, 1996 at the 
Secretary of State's Office, 300 N. Salisbury Street. Raleigh, 
NC 27603-5909. 

Fiscal Note: Tliese Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 9 - NC BOXING COMMISSION 

SECTION .0100 - PURPOSE 

.0101 PURPOSE, APPLICABILITY 
AND SCOPE OF THE RULES 

(a) These Rules implement the provisions of G.S. 143, 
Article 68 of the North Carolina General Statutes, and 
establish the regulations and standards set forth by the State 



Boxing Commission relative to die conduct, promotion, and 
performances of boxing and kickboxing matches held in 
North Carolina. 
£b) These Rules do not apply to any: 

(1) Match conducted or sponsored by a university, 
college or secondary school if all the participants 
are students regularly enrolled in the institution; 

(2) Match conducted or sponsored solely by a 
nationally chartered veteran's organization 
registered with the State; 

(3) Match conducted or sponsored solely by any 
company or detachment of the North Carolina 
National Guard, or the LL S^ Armed Services; 

(4) Official Olympic event; or 

£5} Any contest sponsored or sanctioned by the 
Amateur Athletic Union, the U.S. Amateur 
Boxing Federation or such other amateur associ- 
ation or group as may be a pproved or recog- 
nized by the Commission. 

Authority G.S. 143-652. 

.0102 DEFINITIONS 

The definitions contained in G.S. 143-651 apply equally in 
this Chapter unless indicated otherwise. 

Authority G.S. 143-652. 

.0103 NORTH CAROLINA STATE 
BOXING COMMISSION 

(a) At the first meeting after January 1 of each year, the 
Secretary of State shall appoint a chairman from among the 
members of the North Carolina State Boxing Commission 
(hereafter the "Commission "). 

(b) No member of the Commission shall have any direct 
or indirect financial or pecuniary interest in any person or 
boxing match under the jurisdiction of the Commission. 

(c) No member of the Commission shall participate in 
any manner in a match held in North Carolina. 

(d) If any member of the Commission holds a personal 
membership or holds an office in a boxing association or 
such similar organization, that commissioner so affiliated 
shall excuse himself from any vote regarding matters 
associated with or pertaining to the organization to which he 
is affiliated when acting in his capacity as commissioner of 
the Commission. No commissioner shall represent to 
another person or organization that he is acting for or 
representing the Commission unless he has first obtained the 
authority of the Commission to so act or represent. 

(e) The executive director appointed by the Secretary of 
State is designated as a Commission representative and 
shall: 

( 1) Maintain a Commission office within the Secre- 
tary of State's office in Raleigh, North Caro- 
lina; 

(2) Perform all administrative functions to ensure 
that the Commission operates and carries on its 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2480 



PROPOSED RULES 



business in a lawful manner; 

(3) Be the custodian of the records of the Commis- 
sion; 

(4) Ensure that proper notice and recording is made 
of aU meetings of the Commission; 

(5) Attend all Commission meetings; 

(6) Approve, issue, withhold or deny licenses and 
permits subject to review by the Commission 
and according to the provisions of G.S. 143-654 
and G.S. 143-655 and the rules set forth in this 
Chapter; 

(7) Be present at aU matches and act as the Com- 
mission representative in charge or, in his 
absence, appoint another Commission represen- 
tative to be the Commission representative in 
charge; 

(8) Ensure that all matches are conducted in accor- 
dance with the provisions of G.S. 143, Article 
68 and the rules set forth in this Chapter. This 
shall include but not be limited to appointing or 
causing to be appointed licensed match officials 
and reviewing and approving or disapproving a 
match or fight card based on weights, abilities, 
records or physical condition of the prospective 
contestants. The executive director or the 
Commission representative in charge shall not 
approve a match where it is reasonable to as- 
sume, based on weights, abilities, records or 
physical condition of the prospective contestants, 
that the match would not be competitive, would 
be unreasonably physically unsafe for one or 
both contestants, or would not be in the best 
interest of the sport or the welfare of the public; 

(9) Issue or cause to be issued administrative com- 
plaints in accordance with the provisions of G.S. 
143, Article 68 and the rules set forth in this 
Chapter; 

(10) Have the authority to affix his signature to 
documents which attest to or represent official 
Commission action; 

(1 1) Not have any direct or indirect Financial or 
pecuniary interest in any person or boxing match 
under the jurisdiction of the Commission. This 
applies to any other employee of the Commis- 
sion as well; and 

(12) Be responsible for notifying the Commission of 
any violation which would be grounds for sus- 
pension or revocation of any person's license, of 
violations that could cause the cancellation of a 
match or any matter which could reasonably be 
anticipated to negatively affect the health of a 
participant, the safety or welfare of the public, 
or result in legal action being taken against the 
Commission. 

(fj The Commission representative in charge of a match 
shall be responsible for: 

(1) Ensuring that all the requirements indicated in 



this Chapter to be the responsibility of the 
Commission are properly and timely carried out 
as set forth in this Chapter; 

(2) Appointing the inspectors for each match for 
which he is responsible. There shall be a mini- 
mum of two referees, three judges (plus two 
kick count judges for kickboxing matches^ . one 
announcer, one timekeeper and two inspectors 
present at each boxing match; 

(3) Inscribing the result of each match on the pass- 
port of each participant, if so requested; 

(4) Having rubber gloves available for use by the 
seconds, physicians and officials; and 

(5) Ensuring that all officials are paid by the pro- 
moter prior to their leaving the premises of the 
boxing matches after the matches have been 
concluded; and that all officials acknowledge by 
signature, on a form provided by the Commis- 
sion, the receipt of payment. 

(g) The Commission representative shall appoint a 
minimum of two inspectors for each boxing match and shall 
advise each inspector of the contestants for whom he shall 
be responsible. Each inspector shall be responsible for 
observing the conduct of the seconds in the comer of his 
designated contestant during the course of the match and 
immediately reporting any violation or suspicious or 
improper behavior to the Commission representative. Each 
inspector shall be responsible for being present in his 
designated contestant's dressing room at the appropriate time 
to insure that: 

(1) No illegal drugs or foreign substances are 
ingested or used. Any use or suspected use of 
an illegal drug or foreign substance shall be 
immediately reported to the Commission repre- 
sentative; 

(2) Handwraps are properly applied and initialed by 
the inspector; 

(3) Gloves to be used are clean, sanitary and in 
good condition, and are properly laced and tied; 

(4) A urine sample is collected, when necessary, in 
accordance with the prescribed protocol as 
designated by these Rules; and 

(5) Proper security is maintained for the protection 
of the contestant, and the public, and to ensure 
that the Commission representative and inspec- 
tors can properly carry out the provisions of 
G.S. 143, Article 68 and the Rules set forth in 
this Chapter. 

(h) Each member of the Commission or the executive 
director may issue subpoenas requiring the attendance and 
testimony of^ or the production of books and papers by, any 
person whom the Commission believes to have information 
or documents of importance to any Commission investiga- 
tion: 

(D The executive director shall issue or cause to be 
issued all administrative complaints as the Com- 
mission so directs, either as the result of official 



< 



I 



2481 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



Commission action or through specific directive 
or delegation of authority as provided for in 
these Rules. 

(2) The Commission shall issue all final orders, 
provided however that the executive director 
shall be delegated the authority to affix his 
signature to documents which attest to or repre- 
sent official Commission action. 

(3) When required, as a result of appeal for infor- 
mal administrative review, the Commission shall 
appoint a hearing officer who shall be selected 
from among the Commission or employees of 
the Commission. 

£1} Forms for applications for licenses and permits will be 

available from the Commission, and may be deemed 

appropriate to use by the Commission, the executive 

director or the Commission representative. These forms 

may be obtained by contacting, and shall be filed with: 

North Carolina Boxing Commission 

Department of the Secretary of State 

300 N. Salisbury Street 

Raleigh, North Carolina 27603 

Telephone (919) 733-3924. 

Authority G.S. 143-652. 

.0104 CONDUCT OF BOXING MATCHES 

(a) Boxers shall be classified by weight as follows: 

QJ Flyweight - to 112 lbs. 

(2) Bantamweight - to 118 lbs. 

(3) Featherweight ; to 126 lbs. 

£4} Junior Lightweight : to 130 lbs. 

(5) Lightweight - to 135 lbs. 

(6) Junior Welterweight - to 140 lbs. 
(21 Welterweight - to 147 lbs. 

(8) Junior Middleweight - to 154 lbs. 

(9) Middleweight - to 160 lbs. 

(10) Light Heavyweight - to 175 lbs. 

(11) Cruiserweight = to 190 lbs. 

(12) Heavyweight z over 190 lbs. 

fb) Additional weight categories are permitted, provided 
however that contestants shall be required to conform to the 
rule regarding weight spread shown in this Rule. A contest 
shall not be permitted if the difference in weight between 
the contestants exceeds the difference shown in the follow- 
ing schedule: 

(1) to 1 12 lbs. - not more than 4 lbs. 

(21 112 to 118 lbs. - not more than 4 lbs. 

(3) 1 18 to 126 lbs. - not more than 6 lbs. 

(4) 126 to 135 lbs. - not more than 6 lbs. 

(5) 135 to 147 lbs. - not more than 8 lbs. 
£6} 147 to 160 lbs. - not more than 10 lbs. 
£7} 160 to 175 lbs. - not more than 12 lbs. 

(8) 175 to 190 lbs. - not more than 15 lbs. 

(9) 190 lbs, and over - no limit. 

(c) Contestants in matches shall be weighed on the same 



scale at a time and place to be determined by the Commis- 
sion representative, in the presence of the opponent and a 
Commission representative. The weigh-in shall occur 12 
hours or less prior to the scheduled starting time of the first 
match of the program of matches, provided however, that 
where a program of matches is scheduled to begin in the 
afternoon, the executive director, if requested by the 
promoter, shall approve an early weigh-in time of 8:00 p.m. 
or later the evening before the day of the program of 
matches. Substitution of a contestant or contestants shall not 
be allowed after the weigh-in. 

(d) Failure of a contestant to be present at the weigh-in at 
the time and place designated by the Commission represen- 
tative shall result in the following penalties, which shall be 
in addition to his loss of right to view the weigh-in of his 
opponent: 

(1) In lieu of suspension or revocation of the partici- 
pant's license for the first occurrence, the con- 
testants hall be penalized by assessing a fine of 
twenty five dollars ($25.00): 

(2) In lieu of suspension or revocation of the partici- 
pant's license for the second occurrence, the 
contestant shall be penalized by assessing a fine 
of fifty dollars ($50.00); 

(3) The third occurrence shall be penalized by 
suspending the license of the contestant and not 
allowing the contestant to engage in the program 
of matches: and 

(4) The fourth occurrence shall be penalized by 
revoking the license of the participant. 

(d) If^ at the time of the official weigh-in. the weight of 
any contestant in a contest fails to meet the weight parame- 
ters of the rules set forth in this Chapter, he shall have two 
additional hours to meet such weight parameters. 

(e) At the time of weigh-in. each c ontestant in a contest 
shall be required to provide to the Commission representa- 
tive for inspection a picture identification issued by a 
federal, state or local unit of government or other similar 
authority. A properly issued and annotated passport shall be 
required for all contestants who are licensed in any state 
which requires and issues a passport. The contestant may 
utilize the passport issued by another state in which he is 
licensed provided that such passport contains the minimum 
information as required in this Rule: 

(1) Legal name of contestant: 

(2) Ring name of contestant; 

(3) A passport type picture which clearly shows the 
face of the contestant. Passports issued by states 
that do not require a picture shall be accompa- 
nied by another form of positive identification; 
Address of contestant; 



14] 

(Si 

£61 



Age of contestant; 

Date, place, opponent and result of the contes- 
tant's professional contests since the issuance of 
the passport, which entries must be signed by 
the Commission representative or other Commis- 
sion official as designated by these Rules or the 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2482 



PROPOSED RULES 



rules of the jurisdiction in which the match 

occurred; and 
(7) Signature of the contestant and a statement 

attesting to the validity of the information con- 
tained in his passport. 
£fj The contestant may be required to complete a contes- 
tant information form which shall be provided by the 
commission. Any contestant who refuses to complete this 
form shall not be allowed to engage in any. match in North 
Carolina. 

(g) Each contestant shall, at the time of the weigh-in. be 
examined by a physician. The physician shall certify in 
writing the contestant's physical condition and his profes- 
sional assessment as to whether or not the contestant may 
engage in the match. The physician shall, prior to the 
match, file with the Commission representative his written 
report of examination of the contestant, which report shall 
state whether or not, in the opinion of the physician, the 
contestant is physically fit to engage in the match. No 
contestant shall be permitted to engage in a match unless he 
has been examined and pronounced fit to do so by a 
physician. Physicians shall utilize the appropriate forms 
furnished by the Commission. The examination given all 
contestants shall include the following: 
(T) Temperature; 

Pulse; sitting, standing and running; 

Lungs; 

Heart; and 

Blood pressure, 
(h) No contestant shall be allowed to engage in any match 
if any of the following conditions are found by the physi- 
cian: 

Hernia, or bubonocele; 

Organic heart murmurs; 

Active pulmonary lesions; 

Abnormal temperature as determined by the 

physician; 

(5) Systolic pressure over 150; 

(6) Infectious skin lesions, such as boils or infected 
wounds; 

(7) Recent wounds, especially on face and ears; 

(8) Hand injuries, and fractures less than 6 weeks 
old, ifi in the physician's opinion, the injury 
would be detrimental to the contestant's health 
or ability to effectively compete or exhibit; 

(9) An indication that the contestant is using or is 
under the influence of narcotics, drugs, stimu- 
lants, depressants, alcohol, local anesthetics or 
such a high level of analgesics as to render the 
contestant unable to recognize if he is seriousiy 
injured. If the physician finds any indication or 
evidence that the contestant is using, is under the 
influence, of unauthorized drugs or foreign 
substances such that the physician cannot make 
a definite determination and therefor allows the 
match to proceed, the physician shall immedi- 
ately advise the Commission representative who 



ill 

ll> 

Li) 
(5) 



ill 

(4J 



shall ensure that a urine sample is taken and 
processed in accordance with these Rules; 
( 10) Retinopathy or detached retina; provided how- 
ever, that at the request of the applicant the 
Commission shall review individual cases of 
repaired retinal damage for the purpose of 
permitting the individual to engage in a boxing 
match in North Carolina. In order for the 
Commission to consider such request the indi- 
vidual must provide to the Commission such 
medical information as the Commission deems 
appropriate which must include a written state- 
ment by the doctor performing the retinal repair 
that the retina is completely healed; that in his 
opinion, within a reasonable medical certainty, 
no unusual or extraordinary risk to the individual 
is anticipated as a result of the repaired retina 
and authorizes the individual to engage in the 
sport of boxing or kickboxing. In the event the 
physician who made the repair is unavailable, 
the individual must authorize the Commission 
and the Commission's physician total and unlim- 
ited access to al[ medical records pertaining to 
the damage, repair of the damage and any 
subsequent treatment regarding the eyes. Never- 
theless, the Commission shall then direct its 
physician to review all information and to exam- 
ine the individual seeking licensure and report 
the results and recommendation to the Commis- 
sion for consideration by the full Commission. 
Any costs associated with the review and exami- 
nation of records or the individual shall be borne 
by the individual seeking licensure; 
Dental abscess; 



LLU 
LL2] 
(13) 
(14) 
(15) 
(16) 
(17) 



Ophthalmological problem. 
History of epilepsy or seizures; 
Blindness; 

History of kidney problems; 
Change in gait or balance; or 
History of any change in a CAT scan, electroen- 
cephalogram (EEG), or electrocardiogram 
(EKG). 
(i) The Commission representative shall, whenever 
necessary, require that a referee undergo a physical exami- 
nation prior to acting as a referee in any match. 

(j] If at any time, evidence is revealed that indicates that 
the match may be adverse to the health of a contestant or 
referee, the Commission representative shall order a medical 
examination to be given to the contestant or referee, the 
report of which examination shall be made to the Commis- 
sion representative. 

(k) Boxing Gloves ; All contestants must wear thumb 
attached boxing gloves. Boxing gloves weighing a mini- 
mum of 8 ounces shall be worn by contestants weighing 160 
lbs, or less. Boxing gloves weighing a minimum of 10 
ounces shall be worn by contestants weighing 160 lbs, or 
more. An ample supply of boxing gloves, in good condi- 



2483 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



♦ 



don, must be kept on hand by. the promoter. All gloves 
must pass the inspection of the referee and/or the Commis- 
sion representative, and the Commission may require a 
brand new set of gloves for any event. 

(1) Bandages and handwraps shall meet the following 
requirements: 

(1) In all weight classes except light heavyweight, 
cruiserweight and heavyweight, all bandages and 
handwraps applied to each hand of a contestant 
shall be restricted to soft cloth, not more than 10 
yards in length and two inches in width, held in 
place by. not more than 4 feet of surgical tape. 
£2) In the light heavyweight, cruiserweight and 
heavyweight weight classes, all bandages and 
handwraps applied to each hand of a contestant 
shall be restricted to soft cloth, not more than 12 
yards in length and two inches in width, held in 
place by not more than 8 feet of surgical tape. 
(3) The use of six inches of adhesive tape, not more 
than one inch in width, shall be permitted across 
the back of each hand before bandaging or 
wrapping the hands, provided however, that the 
tape shall not be applied across the knuckles. 
£4} All bandages and handwraps shall be a pplied and 
adjusted in die dressing room in the presence of 
the inspector. The inspector shall initial or in 
some other manner mark the bandage or 
handwrap on each hand so as to be able to 
determine at the conclusion of the match 
whether or not the bandage or handwrap was 
tampered with after the inspector initially exam- 
ined the bandage or handwrap. 
(m) Each contestant's apparel and a ppearance shall meet 
the following requirements: 

(1) Boxing trunks, the belt of which shall not extend 
above the waistline: 

(2) A protective cup, which shall be firmly adjusted 
before entering the ring; 

(3) An individually fitted mouthpiece, which mouth- 
piece shall be in the contestant's mouth at all 
times during the fight period of each round as 
provided by these Rules; 

(4) Shoes made of soft material as is standard for 
the type of event in which the contestant is to 
engage, and not fitted with spikes, cleats, hard 
soles or hard heels; 

(5) An abdominal guard of standard type which 
provides sufficient protection to withstand any 
low blow. 

(6) Although not required, it is permissible for 
female contestants to wear a protective pelvic 
girdle to cover the pubic area, coccyx and sides 
of the hips; 

(7) Female contestants must wear a breast protector; 

(8) All contestants shall be clean and present a neat 
a ppearance. This also applies to die contestants' 
ring apparel. If the Commission representative 



determines the hair on the contestant's head or 
face presents any potential hazard to the safety 
of the contestant, his o pponent or will interfere 
with the supervision of the match he shall notify 
the contestant of such determination at the time 
of the weigh-in. If, at the time the inspector 
makes the final inspection of the contestant 
before the match begins, the contestant has not 
made the necessary corrections, he shall not be 
permitted to fight and shall be disqualified; and 
(9) Any contestant who fails to comply with these 
requirements shall not be allowed to participate 
in a match and such failure to comply with these 
requirements shall be grounds for suspension of 
the contestant's license. 
(n) A boxing ring must meet the following requirements: 

(1) The ring must be not less than 16 feet square 
nor more than 24 feet square within the ropes. 
The ring floor must extend at least 18 inches 
beyond the ropes. The ring floor shall be 
padded to a thickness of at least I inch, and 
must be padded with insulate or another similar 
closed-cell foam. Padding must extend beyond 
the ring ropes and over the edge of the platform, 
with a tog covering of canvas, duck or similar 
material tightly stretched and laced to the ring 
platform. Material that tends to gather in lumps 
or ridges must not be used. 

(2) The ring platform must not be more than five 
feet above the floor of the building, and must be 
provided with suitable steps for use by contes- 
tants and ring officials. 

(3) Ring posts must be of a metal not less than three 
inches in diameter, extending from the floor of 
the building to a height of 58 inches above the 
ring floor. Ring posts must be at least 18 inches 
away from the ropes. 

(4) There must be four ring ropes, not less than one 
inch in diameter and wrapp ed in soft material. 
The ring ropes shall extend in parallel lines 18. 
30, 42, and 54 inches in height above the ring 
floor. 

(5) The floor plan and apron seating arrangements 
shall be approved by the Commission represen- 
tative. 

£o} Length and number of rounds shall be as follows: 

(1) The length of each round of a match shall be 
three minutes with one minute rest intervals 
between rounds. 

(2) A match shall be scheduled for four, six, eight, 
or K) rounds, depending on the experience of 
the contestants and whether or not the match is 
a main event. 

(3) A championship match shall be scheduled for 12 
rounds. 

(p) The following rules apply to scoring of boxing 
matches: 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2484 



PROPOSED RULES 



(1) Scoring shall be by the "10 point must" system. 
The winner of any round shall be awarded 10 
points. The loser of any round shall be awarded 
one to nine points. When a round is even, each 
contestant shall be scored 10 points. 

(2) The awarding or deducting of points by the 
judges and referee, the determination as to the 
occurrence of knockdowns, knockouts and fouls 
and the procedure to be used following such 
occurrence shall be accomplished in the follow- 
ing manner and based on the following criteria, 
which criteria is listed in the order of impor- 
tance: 

(A) The only fair punch is a punch delivered with 
the padded knuckle part of the glove to the 
front or side of the head or body above the 
belt, and the contestant who delivers such a 
punch shall be awarded points in proportion to 
its damaging effects. 

(B) A clean knockdown shall be highly scored. A 
knockdown is scored as soon as it occurs. The 
contestant who takes advantage of the full 9^ 
second count shall be credited with ring gener- 
alship that would not be credited to him if he 
arose immediately and, in a groggy condition, 
tried to continue. If he arises before the count 
of nine and handles himself well, either ag- 
gressively or defensively after he is on his 
feet, he shall be credited with ring generalship. 
If the contestant who is down arises during the 
count, the referee may, if he deems it advis- 
able, step between the contestants for such 
period of time to assure himself that the con- 
testant who has just arisen is able to continue. 
When so assured, he shall, without loss of 
time, order both contestants to proceed with 
the match. The following shall be used to 
determine when a knockdown has occurred 
and the procedure to be followed after a 
knockdown has occurred: 

(i) A contestant shall be considered to be 



knocked down when: 



ID 

on 
am 

(IV) 



liii 



Any part of his body, other than his 
feet, is on the floor; 
He is hanging helplessly over the 
ropes; 

He is rising from a down position: or 
At the conclusion of a round in a 
match, he leaves the ring and fails to 
be in the ring when the bell sounds 
indicating the beginning of the next 
round. 
When a contestant is knocked down, the 
referee shall order the opponent to retire 
to the farthest neutral comer of the ring by 
pointing to that corner and shall immedi- 
ately begin a 10-second count over the 



contestant who is down. He shall an- 
nounce the passing of the seconds, accom- 
panying the count with a downward mo- 
tion of his arm. The knockdown time- 
keeper, by effective signaling, shall pro- 
vide the referee the correct one second 
interval for his count. The referee's count 
is the official count. 

(iii) If the contestant taking the count is still 
down when the referee calls the count of 
10. the referee shall wave both arms to 
indicate that the contestant has been 
knocked out, provided however, that if the 
contestant is counted out by virtue of his 
failure to be in the ring when the bell 
sounds indicating the beginning of the next 
round, the match shall be terminated and 
the contestant who was counted out shall 
be declared the loser by technical knock- 
out. 

(iv) If a contestant is knocked down and is 
down at the time the bell rings to end the 
round, the knockdown timekeeper shall 
continue to count. If the downed contes- 
tant fails to rise before the count of 10, he 
shall be considered to have been knocked 
out in the next subsequent round. If a 
contestant is knocked down and is down at 
the time the bell rings in the final round, 
the knockdown timekeeper shall cease the 
count and the contest shall be deemed to 
be concluded. 

(v) If both contestants are knocked down at 
the same time, counting shall be continued 
as long as either remains down. If both 
contestants remain down until the count of 
10, the match shall be terminated and the 
decision shall be a technical draw. 

(vi) A contestant who has been knocked down 
shall be required to take a count of eight 
whether or not he has regained his feet 
before the count of eight has been reached. 
The referee may, if in his opinion a con- 
testant has been dazed or significantly hurt 
but remains standing, administer a stand- 
ing 8-count. A standing 8-count shall be 
considered a knockdown. 
(vii) If a contestant who is down arises before 
the count of H) is reached, and then goes 
down immediately, without being struck. 
the referee shall resume the count where 



(vii') 



he previously stopped counting. 
When a contestant is knocked out. 



the 



referee shall perform a full 10 second 
count before terminating the match, pro- 
vided however that if^ in the opinion of the 
referee or physician, the contestant re- 



( 



2485 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



< 



» 



quires immediate medical attention, the 
referee shall not be required to count to 

ja 

(ix) If a contestant is knocked out of or has 
fallen out of the ring the referee shall 
allow the contestant a reasonable period of 
time to re-enter the ring, provided how- 
ever, that if the contestant was knocked 
out of the ring as a result of a legal tech- 
nique and is unable to regain his feet, the 
referee shall consider this to be a knock- 
down and shall begin a JO second count. 
The opponent shall be ordered to retire to 
the furthest neutral corner, where he shall 
remain until signaled by the referee to 
continue with the match. If a contestant 
intentionally falls through the ropes, his 
seconds shall not assist him and, the con- 
testant shall be considered to have been 
knocked down and the appropriate count 
and procedures for knockdowns shall be 
initiated by the referee. If a contestant is 
assisted to his feet, enters the ring and 
immediately goes down, the referee shall 
begin a JO second count or shall continue 
a JO second count started after the contes- 
tant was knocked out of the ring. Any 
contestant who does not immediately re- 
enter the ring shall be deemed to have 
been knocked down and the appropriate 
count and procedures used in the event of 
a knockdown shall be used. If, in the 
opinion of the referee, the contestant has 
been dazed or significantly hurt but re- 
mains standing, the referee shall adminis- 
ter a standing 8 -count. 

(x) If the contestant who is not down and who 
has been ordered to a neutral corner, fails 
to stay in the neutral corner the referee 
and knockdown timekeeper shall cease the 
count and shall not resume the count until 
the contestant has retired to the neutral 
corner. 

(xi) If a towel is thrown into the rin g when a 
contestant is down, the towel shall be 
ignored and the referee and knockdown 
timekeeper shall continue to count as if it 
had not appeared. 

(3) If a contestant slips, falls down or is pushed 
down, the referee shall order him to his feet 
immediately. 

(4) Except in the case of punching while the oppo- 
nent is down, a foul, whether intentional or 
unintentional, may result in a deduction of a 
point, as determined by the referee. The first 
offense of punching while down shall result in 
the deduction of two points from the score of the 



contestant who punches his o pponent while his 
o pponent is down, unless the first offense is 
determined by the referee to be a blatant and 
clear disregard of the rule. If such determina- 
tion is made by the referee, the contestant 
committing the foul shall be immediately dis- 
qualified and his opponent shall be declared the 
winner by disqualification. The second offense 
of punching while down shall result in the 
disqualification of the contestant committing the 
offense and his o pponent shall be declared the 
winner by disqualification. In the case of all 
other fouls, the referee shall determine whether 
or not a point is to be deducted, using as his 
criteria the severity of the foul and its effect 
upon the opponent. When the referee deter- 
mines that he shall deduct a point from a contes- 
tant, he shall immediately advise the contestant 
and judges of such action. The referee shall not 
tolerate continual and repeated Commission of 
fouls by a contestant. The referee shall give 
warning to a contestant who continually and 
repeatedly commits fouls and when, in the 
opinion of the referee, the contestant has dis- 
played persistent disregard for the rule govern- 
ing the Commission of fouls, the referee shall 
disqualify the contestant, terminate the match 
and provide such findings to the Commission for 
appropriate action. Points for fouls shall only 
be deducted in the round in which the fouls 
occurred. A contestant shall not be penalized in 
a subsequent round for fouls that occurred in a 
previous round. The following actions are 
considered to be fouls, the committing of which 
may result in a deduction of points: 
(A) Major fouls consist of the following: 
(i) Punching below the belt: 
(ii) Punching an opponent who is down or is 

getting up after being down: 
(iii) Holding an opponent with one hand and 

punching with the other: 
(iv) Holding or deliberately maintaining a 

clinch after several warnings; 
(v) Wrestling or kicking: 
(vi) Striking an o pponent who is helpless as a 

result of punches received and so sup- 
ported by the ropes that he does not fall: 
(vii) Butting with the head or shoulder or using 

the knee; 
(viii) Punching with an open glove, or with the 

butt of the hand, the wrist or elbow and all 

backhand punches; 
(ix) Purposely going down without being 

punched; 
(x) Striking deliberately at that part of the 

back near the spine and over the kidneys; 
(xi) The deliberate use of the pivot punch or 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2486 



PROPOSED RULES 



fxii) 

(xiii) 

(xiv) 

(xv) 
(xvi) 

(xvii) 
(xviii) 

(xix) 
(xx) 



rabbit punch or any punch struck at the (3) 

back of the neck near the base of the skull 

and which is not the result of the opponent (4) 

turning his head to avoid a punch; 

Jabbing the opponent's eyes with the 

thumb of the glove; 

The use of abusive language in the ring; 

Any unsportsmanlike trick or action caus- (5) 

ing injury to an opponent; 

Punching on the break; 

Punching after the bell has sounded ending 

the round; 

Roughing at the ropes; 

Pushing an opponent around the ring or (A) 

into the ropes; £B) 

Tripping; or 

Intentional spitting out of the mouthpiece (C) 

or allowing the mouthpiece to fall out of 

the mouth. (D) 

(B) Minor fouls include: 

(i) Punching or flicking with the open glove; (E) 

and 
(ii) Clinching after warning has been given. (F) 

Points for aggressiveness shall be awarded to the 
contestant who sustains the actions of a round by (G) 

the greatest number of skillful attacks. (H) 

A contestant shall be awarded points for sports- 
manlike conduct, close adherence to the rules (I) 
and refraining from taking technical advantage 
of situations which are unfair to his opponent. (J) 
Points shall be deducted from a contestant for (6) 
unsportsmanlike conduct, disregard of the rules 
and taking technical advantage of situations 
which are unfair to his opponent. 

(7) Points shall be given for clever defensive work (7) 
such as avoiding or blocking a punch. 

(8) Points shall be awarded where ring generalship 
is conspicuous. Ring generalship includes the 
ability to: 

Quickly recognize and take advantage of every 
opportunity presented; 
Cope with a diversity of situations; 
Anticipate and neutralize an opponent's form 
of attack; and 



(SI 



m 



(A) 

121 



C2) 



Force an opponent to adopt a style of boxing 
at which he is not particularly skillful. 
Points shall be deducted when a contestant 



persistently delays the action of a match by 
clinching, holding or lack of aggressiveness, 
(q) The following rules apply to the determination of a 
win or draw: 

(1) A contestant who knocks out his opponent shall 
be declared the winner of the match. 

(2) If both contestants are knocked down at the 
same time and both contestants remain down 
until the count of 10. the match shall be consid- 



A contestant who is awarded a technical knock- 
out shall be declared the winner of the match. 
A contestant who is knocked down three times 
in any one round shall be considered to have lost 
the match by a technical knockout. If requested 
by. a sanctioning body, this Rule may be waived 
for a championship fight. 
When the winner of a match is to be determined 
by the number of points awarded or deducted or 
by the number of rounds awarded to each con- 
testant, the scores for all rounds shall be com- 
piled for each judge and the following criteria 
shall be used: 

Three wins shall be declared a win; 

Two wins and one draw shall be declared a 

win; 

Two wins and one loss shall be declared a 

win; 

One win and two draws shall be declared a 

draw; 

One win, one draw and one loss shall be 



declared a draw; 



One win and two losses shall be declared a 

loss; 

Three draws shall be declared a draw; 



Two draws and one loss shall be declared a 

draw; 

One draw and two losses shall be declared a 

loss; and 

Three losses shall be declared a loss. 



ered a technical draw. 



A contestant shall not be declared the winner of 
a match on a claim of low blow foul and a 
contestant shall not lose a match by reason of a 
low blow foul. 

No contestant shall be awarded a match based on 
an unintentional foul unless the foul was uninten- 
tional butting. If a match is temporarily halted 
because of an unintentional foul, the referee 
shall determine whether the contestant who has 
been fouled can continue. If the referee deter- 
mines that the contestant can continue, the 
referee shall order the match to be continued. If 
the referee determines that the contestant is 
unable to continue the match as a result of an 
unintentional foul other than for butting, the 
match shall be terminated but no decision shall 
be rendered by the referee, who shall order the 
purses of both contestants withheld. The Com- 
mission shall then rule as to the disposition of 
the purses. If a contestant is unintentionally 
butted in a match so that he cannot continue, the 
referee shall declare the result of the match 
using the following criteria: 
(A) If the unintentional butt occurs prior to the 
scoring of the third round and the fouled 
contestant is unable to continue, the result shall 
be a technical draw. 



2487 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



(B) During a four or six round match, if the shall inform the audience that no decision has been ren- 



# 



unintentional butt occurs in any round subse- 
quent to the scoring of the third round or 
occurs prior to the scoring of third round but 
the contestant is not determined to be unable to 
continue until after the scoring of the third 
round, the determination of win, loss or draw 
shall be based upon the score cards of the 
judges. 

(C) During an eight round match, if the uninten- 
tional butt occurs in any round subsequent to 
the scoring of the fourth round or occurs prior 
to the scoring of fourth round but the contes- 
tant is not determined to be unable to continue 
until after the scoring of the fourth round, the 
determination of win, loss or draw shall be 
based upon the score cards of the judges. 

(D) During a ten round match, if the unintentional 
butt occurs in any round subsequent to the 
scoring of the fifth round or occurs prior to 
the scoring of fifth round but the contestant is 
not determined to be unable to continue until 
after the scoring of the fifth round, the deter- 
mination of win, loss or draw shall be based 
upon the score cards of the judges. 

(E) During a twelve round match, if the uninten- 
tional butt occurs in any round subsequent to 
the scoring of the sixth round or occurs prior 
to die scoring of sixth round but the contestant 
is not determined to be unable to continue until 
after the scoring of the sixth round, the deter- 
mination of win, loss or draw shall be based 
upon the score cards of the judges. 

(8) When an injury is produced by a fair punch but 

because of the severity of the injury the match 

cannot continue, the injured contestant shall be 

declared the loser by a technical knockout. 

(r) If a contestant refuses to continue a match while 

physically able to do so^ the referee shall disqualify him. 

award the match to his opponent, and shall direct that the 

purse be withheld. The referee shall provide a written 

report to the Commission. If the Commission determines 

that the contestant refused to continue a match while 

physically able to do so^ the Commission may require that 

the contestant's purse be forfeited to the Commission and 

shall impose a period of suspension for a period not less 

than six months. 

(s) In any case where the referee determines that both 
contestants are not honestly competing, that a knockdown is 
intentional and predetermined by both parties or a foul has 
been prearranged so as to cause the match to be terminated, 
he shall not finish the knockdown count or disqualify either 
contestant for fouling or render a decision, but shall instead 
terminate the match not later than the end of the round and 
order the promoter to surrender the purses of both contes- 
tants to the Commission representative pending an investi- 
gation of the alleged violation. The announcer or referee 



dered. 

iH IL. is the opinion of the physician, the referee has 
received an injury, the seriousness of which prevents him 
from continuing to officiate, and the Commission represen- 
tative is unable to locate another qualified person to act as 
referee, the match shall be terminated, no decision shall be 
rendered and the purses of both contestants shall be with- 
held. The Commission shall then rule as to the disposition 
of the purses. 

(u) A decision rendered at the conclusion or termination 
of any match is final and shall not be changed unless it is 
determined that any of the following occurred: 

(1) There was collusion affecting the result of any 
match; 

(2) The compilation of the round or match score 
cards of the referee and judges shows an error 
which indicates that the decision was awarded to 
the wrong contestant; 

(3) There was a violation of these Rules, relating to 
drugs or foreign substances; or 

(4) There was a violation of G.S. 143. Article 68 
or the rules set forth in this Chapter which 
violation affected the result of the match. 

If it is determined that any of the above occurred, the 
decision rendered shall be changed as directed by the 
Commission .. 

(v) As a result of injuries or suspected injuries sustained 
or suspected to have been sustained in any match, the 
Commission representative may, based upon the recommen- 
dation of the physician, order a medical examination to be 
given to any contestant or referee at any time if he has 
cause to believe that the health or safety of the contestant or 
referee is in jeopardy. 

(w) When it shall a ppear to a physician, for whatever 
reason and regardless of how the injury was sustained, that 
a contestant or referee is no longer able to safely continue 
to compete or officiate, the physician shall report such 
findings, in writing, to the executive director. If the 
physician has so recommended, the contestant or referee 
shall not be permitted to participate until such time as he is 
certified as fit to participate by the physician. 

(x) A participant, losing by knockout or having been 
rendered a decision of technical draw as a result of being 
counted out in any jurisdiction, shall be automatically 
suspended for a period of time to be determined by the 
executive director based upon the recommendation of the 
physician, or 60 calendar days from the date of the knock- 
out or technical draw, whichever is longer. A contestant 
shall not engage in any match, contact exhibition or contact 
sparring for training purposes during the suspension period. 
After the suspension period and prior to engaging in any 
match, contact exhibition or contact sparring for training 
purposes he shall be examined by a physician. The contes- 
tant shall advise the physician of the previous knockout or 
technical draw and shall provide medical records or his 
permission for the physician to consult with the physicia n 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2488 



PROPOSED RULES 



who treated him at the time of the previous knockout or 
technical draw. The results of this examination shall be 
filed with the Commission prior to any further matches 
being approved for the contestant. 

(v) A contestant losing by technical knockout shall be 
automatically suspended for a period of time to be deter- 
mined by the executive director based upon the recommen- 
dation of the physician, or 30 calendar days from the date 
of the technical knockout, whichever is longer. A contes- 
tant shall not engage in any match, contact exhibition or 
contact sparring for training purposes during the suspension 
period without the approval of the physician. 

(z) Any contestant who has lost six consecutive matches 
shall be automatically suspended and not be reinstated unless 
he has been examined and pronounced fit by a physician. 
In the case of repeated knockouts and severe beatings, the 
license of the contestant shall be revoked and shall not be 
reissued or renewed. 

(aa) The following limitations shall apply to the ingestion 
of drugs and foreign substances by contestants: 

(1) No contestant shall at any time, use or be under 
the influence of any drug or foreign substance 
that would unfairly increase or decrease his 
performance, or impair his or the physician's 
ability to recognize a potentially serious injury 
or physical condition. No substance, other than 
plain drinking water, shall be given to or in- 
gested by a contestant during the course of a 
match. 

(2) The following drug or foreign substance classifi- 
cations are prohibited except as otherwise indi- 
cated: 

(A) Stimulants ; All stimulants are banned with the 
following exceptions: 
(i) Caffeine ; provided, however, that an 
amount greater than 12 mcg/ml in the 
urine is prohibited; 
(ii) Beta 2 Agonist - provided it is selected 
from the following list and is in aerosol or 
inhalant form only: 

Drug Chemical Brand Name 

(\) Mesylate 
(1\) Metaproterenol Sulfate 



[G] 



(Til) Albuterol Sulfate 

(IV) Terbutaline Sulfate 
Narcotics; 
Anabolic Steroids, 
hormone; 
Diuretics: 



Tornalate 
Alupent, 
Metaprel 

Ventolin, 
Proventil 

Brethaire; 



including human growth 



Alcohol; 

Local Anesthetics; 



and 



Corticosteroids. 



the Commission representative shall request and 
the contestant shall provide, under the supervi- 
sion of the physician. Commission representative 
or inspector, a sample of his urine taken not 
more than I hour after the conclusion of the 
match. No contestant shall use substances or 
methods which would alter the integrity of the 
urine sample. Urine samples shall be taken in 
accordance with the protocol as agreed upon in 
writing between the Commission and the labora- 
tory used for processing the urine samples. 
Failure or refusal to provide a urine sample 
immediately upon request shall result in the 
revocation of the contestant's license. Any 



(3) Whenever the Commission representative has 
reason to believe that a contestant has ingested 
or used a prohibited drug or foreign substance, 



(4j 



contestant who has been adjudged the loser of a 
match and who subsequently refuses or is unable 
to provide a urine sample shall forfeit his share 
of the purse to the Commission. Any contestant 
who is adjudged the winner of a match and who 
subsequently refuses or is unable to provide a 
urine sample shall forfeit the win and shall not 
be allowed to engage in any future match in 
North Carolina. A no decision result shall be 
entered into the official record as the result of 
the match. The purse shall be redistributed as 
though the contestant found to be in violation of 
this Section had lost the match. If redistribution 
of the purse is not necessary or after redistribu- 
tion of the purse is accomplished, the contestant 
found to be in violation of this section shall 
forfeit his share of the purse to the Commission. 

(5) After each match the physician shall advise the 
Commission representative as to whether or not 
he observed any behavior or other signs that 
would indicate the advisability of processing the 
urine sample. The Commission representative 
shall make the final decision as to the processing 
of the urine sample, 
fob) The following limitations shall apply to the external 
use of drugs or foreign substances by contestants. 

(U No drug or foreign substance shall be used 
unless expressly provided for in these rules or as 
directed by the physician. 

(2) The following drugs or foreign substances may 
be used by contestants under the conditions 
described in this Chapter: 

(A) Petroleum Jelly ; The discretional use of 
petroleum jelly shall be allowed around the 
eyes. However, the use of petroleum jelly on 
the arms, legs and body of a contestant is 
prohibited. 

(B) The discretional use of a 1/1000 solution of 
Adrenalin and Avitine, or their generic equiva- 
lents, as approved by the physician, shall be 
allowed between rounds to stop bleeding of 
minor cuts and lacerations sustained by a 
contestant. 



( 



2489 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



• 



# 



(C) Anv contestant determined to have been using 
or under the influence of a prohibited drug or 
foreign substance and who has been adjudged 
the loser of a match shall forfeit his share of 
the purse to the Commission. Anv contestant 
determined to have been using or under the 
influence of a prohibited drug or foreign 
substance and who has been adjudged the 
winner of a match, shall forfeit the win and a 
no decision result shall be entered into the 
official record as the result of the match. The 
purse shall be redistributed as though the 
contestant found to be in violation of this 
Section had lost the match. If redistribution of 
the purse is not necessary or after redistribu- 
tion of the purse is accomplished, the contes- 
tant found to be in violation of this Section 
shall forfeit his share of the purse to the Com- 
mission. The following penalties shall be 
assessed against any contestant found to be in 
violation of this Section: 

(i) The first occurrence shall be penalized by 
suspending the contestant's license banning 
his participating in anv manner, in any 
match for a period of 180 calendar days; 
(ii) The second occurrence shall be penalized 
by suspending the contestant's license and 
banning his participation in anv manner in 
any match for a period of one year; 

(iii) The third occurrence shall be penalized by 
permanently revoking the contestant's 
license and banning permanently his par- 
ticipation in anv manner in anv match or 
activity regulated by G.S. 143, Article 68. 

(D) No person licensed by the Commission shall 
participate in or contribute to the act of violat- 
ing this section and any violation shall be 
grounds for suspension or revocation of all 
licenses held by such person. Any person 
found to be in violation of this section shall 
forfeit his share of the purse or other compen- 
sation to the Commission and shall be assessed 
the following penalty: 

(i) The first occurrence shall be penalized by 
suspending the person's license and ban- 
ning his participating in anv manner, in 
anv match for a period of 180 calendar 
days; 

(ii) The second occurrence shall be penalized 
by suspending the person's license and 
banning his participation in any manner, in 
anv match for a period of one year; 

(iii) The third occurrence shall be penalized by 
permanently revoking the person's license 
and banning permanently his participation 
in anv manner, in any match or activity 
regulated by G.S. 143, Article 68. 



(cc) Drugs, containers and other equipment used in 
conjunction with the match, regardless of why or how they 
are used or where they are located shall at all times be 
available for inspection by the physician, referee or Com- 
mission representative and shall be seized if there is any 
evidence that they may have been used to violate or are in 
violation of anv provision of G.S. 143, Article 68 or these 
Rules. 

(dd) It shall be the responsibility of every person under 
the jurisdiction of the Commission to immediately advise the 
physician, referee or Commission representative of anv 
knowledge that any contestant scheduled to be engaged in 
anv match has, in violation of this Section, ingested or is 
under the influence of anv drug or foreign substance 
prohibited by these Rules. 

Authority G.S. 143-652. 

.0105 PERMITS 

(a) No promoter shall present a program of matches 
unless he has first obtained a permit. 

(b) No promoter shall be given tentative approval for or 
issued a permit if such person has an unpaid fine or any 
delinquent indebtedness outstanding to the Commission. 

(c) Each application for a permit shall be in writing, 
verified by the a pplicant, complete, have anv required 
attachments, and be accompanied by the required fee. The 
a pplication for permit shall be required to be on file with the 
Commission at least 7 calendar days prior to the scheduled 
program of matches. 

(d) Upon receipt of the application for permit, the 
executive director shall review the a pplication and, if the 
a pplication is in compliance with the requirements of G.S. 
143. Article 68 and the rules set forth in this Chapter, he 
shall give tentative a pproval to the promoter for the pro- 
posed date of the program. The approval shall be consid- 
ered to be a tentative approval. If the executive director 
determines that the a pplication for permit is not in compli- 
ance with Article 68 or die rules as set forth in this Chapter, 
he shall immediately advise the promoter that the a pplication 
for permit has been disapproved and shall state the reasons 
that the application is not in compliance. The executive 
director shall deny an application for permit if another 
program of matches has previously been scheduled for the 
same date, and he has determined that adequate staff would 
not be available to properly supervise both programs of 
matches. 

(e) The promoter shall be required to provide the pro- 
posed fight card not later than 7 calendar days prior to the 
proposed date of the program. The promoter may advise 
the executive director verbally of the names of the proposed 
contestants. The executive director shall review the proposed 
fight card and, if he determines that all the proposed 
matches meet the requirements of Article 68, and the rules 
set forth in this Chapter, he shall a pprove the proposed fight 
card. If the executive director determines that the proposed 
fight card is not in compliance with Article 68 or the Rules 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2490 



PROPOSED RULES 



set forth in this Chapter, he shall not approve the proposed 
fight card and shall immediately advise the promoter that the 
proposed fight card has been disapproved and the reasons 
for the disapproval, 

(fj All other pre-match requirements of the promoter 
described in Article 68 and the rules set forth in this 
Chapter shall be accomplished before final approval is given 
and the permit issued. The final approval of the permit 
shall not be given unless the executive director or Commis- 
sion representative has observed that all requirements related 
to facilities, equipment, personnel, licensing and approvals, 
and procurement of insurance have been met by the pro- 
moter. Immediately upon determining that the promoter has 
met all the requirements as set forth in this Chapter, the 
executive director shall issue the permit. If the executive 
director or Commission representative determines that the 
promoter is not in compliance with the requirements set 
forth in this Rule, the executive director shall rescind the 
tentative approval of the permit and the program of matches 
shall be canceled. If the program of matches is canceled, 
all tickets shall be refunded in accordance with the refund 
provisions set forth in these Rules. 

(g) A permit shall only be valid for the program of 
matches for which it was issued. A new permit shall be 
required for each program of matches. If, after the payment 
of the permit fee to the Commission, a program of matches 
is canceled for any reason, whether by the promoter or the 
Commission, the permit fee shall not be refunded, provided 
however, that the fee shall be refunded if the cancellation by_ 
the Commission was the result of an error made by the 
Commission and which was through no fault of the pro- 
moter. 

(~h) A non-refundable permit fee shall be submitted with 
the application for permit and shall be based on the seating 
capacity of the premises to be utilized to present the 
program of matches. The following fee structure shall be 
utilized to determine the permit fee: 

(1) Seating capacity is less than 2000 ; Fee = 
$100.00 

(2) Seating capacity is 2000 or more but no greater 
than 5000 - Fee = $200.00 

(3J Seating capacity exceeds 5000 - Fee = $300.00 

Authority G.S. 1 43-652. 

.0106 LICENSING REQUIREMENTS 
AND DUTIES OF LICENSEES 

(a) No person may act as an announcer, timekeeper, 
judge, physician, trainer, manager, promoter, foreign 
copromoter, second, referee, contestant, matchmaker, 
booking agent or representative of a booking agent for any 
match held in North Carolina without first obtaining the 
appropriate license. 

(b) No person shall be issued a license if such person has 
an unpaid fine or any delinquent indebtedness outstanding to 
the Commission. 

(c) No person shall be issued a license who, in an 



jurisdiction, has been convicted of any act which would 
constitute a violation of G.S. 143. Article 68 or the rules set 
forth in this Chapter; or which would constitute any of the 
grounds set forth in G.S. 143, Article 68 for suspension or 
revocation of a license; or against whom such charges are 
pendin g before any regulatory body. 

(d) No person shall be issued a license who has been 
named in an administrative action or indictment for any act 
which would constitute a violation of G.S. 143. Article 68 
or the rules set forth in this Chapter, or which act would 
constitute a ground for suspension or revocation of a 
license. 

(e) No person shall transfer or attempt to transfer, 
including by the use of a power of attorney, any rights, 
privileges, responsibilities, duties, obligations or liabilities 
which by their nature are entitled to or encumbered by only 
those individuals holding a license to perform and be 
responsible for such activities. 

(fj For the purposes of these Rules, the requirements and 
responsibilities of a foreign copromoter shall be the same as 
that of a promoter, and wherever the term promoter is used 
it is deemed to include the term foreign copromoter. 

(g) All applications for a license shall be in writing on a 
form provided by the Commission, verified by the applicant, 
complete and have any required attachments, and accompa- 
nied by the required fee. 

(h) Upon receipt of an application for a license, the 
executive director shall review the application and, if the 
application is in compliance with the requirements of G.S. 
143, Article 68 and the rules set forth in this Chapter, he 
shall issue the license. If the executive director determines 
that the application is not in compliance, he shall notify the 
applicant and set forth the reasons for his finding that the 
application is not in compliance. 

(i) A license issued pursuant to G.S. 143, Article 68 and 
these Rules shall be valid from the date of issuance until 
December 3 1 of the year m which the license was effective. 
An application for the renewal of a license shall be submit- 
ted on the same forms as referenced in this Rule and all of 
the requirements, standards, and criteria used to approve or 
disapprove an application for a new or initial license shall 
be used to approve or disapprove the application for the 
renewal of a license. 

(i) The following non-refundable fee shall accompany 
each application for a license: 



CD 

m 

Q] 

Li) 
<5> 
L^J 

m 

(SI 
(21 

(10) 
Oil 
(12) 



Announcer 

Booking Agent 

Judge 

Manager 

Matchmaker 

Contestant 

Promoter 

Referee 

Representative of a Booking Agent 

Second 

Timekeeper 

Trainer 



$50.00 

$100.00 

$50.00 

$100.00 

$200.00 

$25.00 

$300.00 

$50.00 

$50.00 

$25.00 

$50.00 

$25.00 



2491 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



# 



(TO The following requirements shall apply to the licens- 
ing and duties of contestants: 

(1) No person shall act or perform as a contestant in 
any professional boxing or kickboxing match 
held in North Carolina without having first 
obtained a contestant license. 

(2) No contestant shall also be licensed as a judge, 
physician, promoter or referee and shall not act 
as a judge, promoter or referee. 

(3) No contestant shall have any financial or pecuni- 
ary interest in his opponent. 

£4] No person shall be licensed as a contestant and 
the license of any contestant shall be suspended 
or revoked if such person: 
Is under 18 years of age; 
Has had cardiac surgery; 
Has not received a ophthalmic examination 
within the immediate 12 month period prior to 
the date of the scheduled match and the results 
of the examination filed with the Commission; 
Is found to have any blindness or whose vision 
is so poor as to cause a significant health 
hazard or impairment to his ability to effec- 
tively participate in a match; 
Has suffered cerebral hemorrhage or any other 
serious head injury. The Commission repre- 
sentative shall, if he has cause to believe that 
a contestant may have suffered neurological 
injury, direct the contestant to undergo an 



(A) 



The relative importance of the match; 

The contestant's past record of punctuality and 

tardiness; and 



(A) 



(El 



£E) 



# 



EKG or CAT scan, and the interpretation and 
diagnosis shall be filed with the Commission; 
or 
(F) Is no longer able to competently perform as 
determined by the Commission. A determina- 
tion that a contestant is no longer able to 
competently perform shall be based on his 
win/lose/draw record, his previous opponents 
and the results of such matches, his proposed 
opponent and the results of the matches be- 
tween his proposed opponent and others, his 
physical condition and his ability to perform 
effectively. 

(5) No contestant whose most recent match was 
eight rounds or more in duration, shall engage in 
a match with less than 7 calendar days between 
matches. No contestant whose most recent 
match was less than eight rounds in duration, 
shall engage in a match with less than 48 hours 
between matches. 

(6) Any contestant who fails to appear at a match or 
fails to appear timely at a match for which he or 
his manager has contracted and does not provide 
a valid reason or, in the case of physical disabil- 
ity, furnish a physician's certificate, shall be 
suspended for a period to be determined by the 
Commission . In making this determination, the 
Commission shall consider the following factors: 



The reason or reasons for his failure to appear 
or appear timely. 
£Q The following requirements shall apply to the licensing 
and duties of promoters and matchmakers: 

(1) No person shall act as a promoter for any match 
held in North Carolina or into North Carolina 
via closed circuit without first having obtained a 
promoter license. No person shall act as a 
matchmaker, including a matchmaker employed 
by a promoter, for any match held in North 
Carolina without first having obtained a match- 
maker license. 
£2} No licensed promoter or matchmaker shall act as 
a promoter or matchmaker for any boxing or 
kickboxing match in this state which match is 
not sanctioned by the Commission. 

(3) Any person licensed as an individual shall have 
sole ownership of such license and such license 
shall not be transferable or assignable to an- 
other. If such person is no longer in business, 
the license shall become void. 

(4) Any license issued to and in the name of a 
corporation shall not be transferable or assign- 
able to another. If such corporation is no longer 
in business or no longer operates as the corpora- 
tion, the license shall become void. If any 
officer of the corporation is added or deleted, 
the licensee shall, within 10 calendar days, 
notify the Commission of such addition or 
deletion. A newly added officer shall be re- 
quired to submit an Application For Promoter 
Or Foreign Copromoter License- 
es) Any license issued to a partnership shall not be 

transferable or assignable to another. If the 
partnership is no longer in business or no longer 
operates as the partnership, the license shall 
become void, provided however that if the 
business continues to operate but does not oper- 
ate as a partnership and the sole remaining 
person was one of the licensed partners and all 
other previous licensed partners have, in writ- 
ing, authorized such sole remaining person to 
have control and use of the licensed name, than 
the license may remain in force and effective 
until its expiration date, at which time the person 
shall apply as an individual. 

(6) No promoter shall also be licensed as a booking 
agent, representative of a booking agent, match- 
maker, manager, second or trainer. 

(7) An applicant for a promoter's license shall 
satisfy the following bonding requirements: 

(A) An applicant for a promoter license shall 
deposit with the Commission a bond or other 
security in the amount of five thousand dollars 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2492 



PROPOSED RULES 



($5,000) prior to being issued a promoter 
license. If, at any time and for whatever 
reason, the bond or other security is not main- 
tained in full force and effect, the license shall 
be automatically void. 

(B) If it is determined that the projected liability 
for a match may exceed five thousand dollars 
($5.000), the executive director shall require 
an additional bond or additional security for 
the match. The additional bond or additional 
security shall be required and used only for the 
designated match and shall be released or 
returned 90 calendar days after the date of the 
match unless, as a result of violations or 
suspected violations, the executive director 
determines that the additional bond or addi- 
tional security shall be retained by the Com- 
mission for a longer period. 

(C) The bond and other security, or additional 
bond and additional security shall be filed with 
the Commission for the purpose of providing 
surety that the promoter will and does faith- 
fully perform and fulfill his obligations as 
described in Article 68. and the rules set forth 
in this Chapter. Any fault, negligence, error 
or omission, failure to fulfill contractual obli- 
gations, violation of any rules of the Commis- 
sion or any other act or failure to act shall 
result in a claim for recovery from the bond 
and recovery from the other security. When 
the amount of recovery cannot be determined 
by the Commission due to the failure of the 
promoter to perform as required by G.S. 143. 
Article 68 or the rules set forth in this Chap- 
ter, the Commission shall recover the face 
value of the bond and other security and the 
additional bond and additional security, as 
appropriate provided however that the recovery 
shall not be greater than the amount of the 
bond and other security required to be depos- 
ited with the Commission. 

(D) A bond or additional bond shall be acceptable 
if the following conditions are met: 

(i) The bond or additional bond shall have 
attached a power of attorney, which power 
of attorney shall not have an expiration 
date; 

(ii) The bond and additional bond shall pro- 
vide surety in an amount equal to the face 
amount of the bond and additional bond 
and the aggregate annual liability shall be 
for the face amount of the bond and addi- 
tional bond; 

(iii) The bond and additional bond shall be 
made out in the name of the North Caro- 



lina State Boxing Commission and shall be 
negotiable on the authority of the executive 



director; 
(iv) The bond and additional bond may not be 
canceled, for any reason, unless the fol- 
lowing conditions have been met, provided 
however, when an additional bond is 
required, as referenced in. (II") in this Rule 
shall not apply: 
(I) The surety company has provided the 
Commission at least a 60 calendar-day 
written notice of intent to cancel; and 
(II) The promoter's license has expired or 
the license has been returned to the 
Commission with a re quest to cancel 
such license and canceled by the Com- 
mission and the promoter has not filed 
an application for renewal of the li; 
cense; and 
(III) A period of 90 calendar days has 
elapsed since the most recent match of 
the promoter; and 
(v) The bond or additional bond is accompa- 
nied by a filing fee of twenty-five dollars 
($25.00) for each bond or additional bond. 
(E) Other security may be provided in lieu of the 
bond or additional bond provided the following 
conditions are met: 
(i) The security must be in the form of cash. 
a certified check or direct obligations of 
the United States or this state; 
(ii) The certified check shall be made payable 
to the North Carolina State Boxing Com- 
mission and, the certified check and the 
direct obligations of the United States or 
this state shall be negotiable on the author- 
ity of the executive director; 
(iii) The Commission shall not pay interest or 

other charges or fees to the promoter; 
(iv) The security may not be canceled or re- 
quested to be returned, for any reason, 
unless the following conditions have been 
met, provided however, when an addi- 
tional security is required, as referenced 
in,. (II} and (lYi of this Rule shall not 
apply: 
(I) The promoter has provided the Com- 
mission at least a 60-calendar day writ- 
ten notice of request for return or re- 
lease of the security; and 
(II) The promoter's license has expired or 
the license has been returned to the 
Commission with a request for cancel- 
lation and canceled by the Commission 
and the promoter has not filed an appli- 
cation for renewal of the license, or the 
promoter has substituted a bond for the 
security and such bond indicates on its 
face that it shall retroactively cover the 



2493 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



< 



* 



promoter for all times and for all obli- 
gations of the promoter covered by the 
security for which the bond is being (14) 

substituted. In the event of substitution 
of a bond for the security on deposit (15) 

with the Commission, (III) and (IV) in 
this Rule shall not apply; and 
(HI) A period of 90 calendar days has 
elapsed since the most recent match of 
the promoter; and 
(IV) A period of J. year has elapsed since 

the security was deposited with the (16) 

Commission, 
(v) The security or additional security is ac- 
companied by a filing fee of twenty-five 
dollars ($25.00). 

(8) More than one promoter may be involved in the 
promotion of a single program of matches. The 
promoter to whom the permit is issued shall be 
considered as the promoter of record and such (17) 
promoter shall be responsible for ensuring that 

all the requirements and responsibilities of the 
promoter are accomplished as set forth in this (18) 

Chapter, provided however that the bonds or 
other securities deposited with the Commission 
of all promoters involved in the promotion of the 
program of matches shall be liable and used as 
surety against any claim or obligation involving 
the program of matches. 

(9) A matchmaker shall make matches in which the (19) 
contestants are of similar ability and skill. 

(10) A matchmaker or promoter shall not contract 
with or negotiate with managers or contestants 
who are under suspension or whose license has 
been revoked in North Carolina or any other 

state. (20) 

(1 1) Contracts between contestants and the promoter 
shall be filed with the Commission no later than 
at the time of weigh-in. 

(12) After the application for a permit has been 
tentatively a pproved and a proposed match has 
been approved, the promoter may provide the 
names of the contestants for the approved match 

to the media. Under no circumstances shall a (21) 

promoter advertise, sell or cause to be sold any 
tickets, distribute or cause to be distributed any 
complimentary tickets, enter into any contracts 
or in any way make any obligations, commit- 
ments or announcements relative to a match or 
program of matches unless the match or pro- 
gram of matches has been approved and the 
permit has been tentatively approved. 

(13) The promoter shall, in the case of a substitution 
in a main event, post in a conspicuous place in 
front of the arena or directly over the cashier 
windows, notice of the substitution, and if time (22) 
permits, shall advertise the substitution by radio 



and in a newspaper expected to have the widest 
circulation for the intended audience- 
No promoter may pay, lend, or give a contestant 
an advance against his purse before a contest. 
The promoter shall be responsible for ensuring 
that each contestant scheduled to be engaged in 
a match shall have received an ophthalmic 
examination, which examination shall have been 
performed within the immediate past 1 2-month 
period. The results of the examination shall be 
filed with the Commission prior to the match. 
The Commission representative shall, if he has 
cause to believe that a contestant may have 
suffered cardiac or neurological injury, direct 
the contestant to undergo a EKG, EEG, or CAT 
scan. The interpretation and diagnosis shall be 
filed with the Commission. It is the responsibil- 
ity of the promoter to ensure that this require- 
ment is satisfied. 

The promoter shall be responsible for acquiring 
insurance as described in the insurance section 
of these Rules. 

The promoter shall advise all managers and 
contestants under contract for a match or pro- 
gram of matches of the time and place of the 
weigh-in as designated by the Commission 
representative and of the time and place of their 
a ppearance for the match or program of 
matches. 

The promoter shall be responsible for providing 
the proper arena equipment, seating, services, 
facilities, personnel, ushers, ticket sellers, 
security and other equipment or services neces- 
sary to provide for the correct handling of the 
boxing or kickboxing program. 
The promoter shall be responsible for contract- 
ing with and compensating the officials required 
to be present and rendering services during a 
program of matches. Included are an an- 
nouncer, a timekeeper, two referees, three 
judges, plus two kick count judges for kickbox- 
ing and a ringside physician. A physician is 
also required to present at the weigh-in. 
The promoter shall ensure that all tickets shall 
have clearly printed on them the admission price 
and no ticket shall be sold for a price higher 
than the price shown on its face. Each compli- 
mentary ticket shall have clearly printed on its 
face the face value of the ticket and in no case 
shall the dollar value shown on the face of the 
ticket be $0.00. Each complimentary ticket shall 
be either marked "COMPLIMENTARY" in 
large letters on its face or shall be marked or 
punched in such a manner as to make it clear 
that the ticket is complimentary. 
No promoter shall sell or issue, or cause to be 
sold or issued more tickets of admission for any 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2494 



PROPOSED RULES 



match or program of matches than can be ac- 
commodated by the seating capacity of the 
premises where the match or program of 
matches is to be held. 

(23) The following criteria and procedure shall be 
used for the refunding of the purchase price of 
tickets: 

(A) The promoter shall refund the full purchase 
price of a ticket for a match or program of 
matches if: 

(i) The match or program of matches is post- 
poned; or 

(ii) The main event or the entire program of 
matches is canceled; and 

(iii) The person presenting the ticket for refund 
has presented such ticket within 30 calen- 
dar days after the scheduled date of the 
match or program of matches, 

(B) Within 10 calendar days after the expiration of 
the 30-calendar day period, the promoter shall 
pay all unclaimed ticket receipts to the Com- 
mission. The Commission shall hold the funds 
in the State Boxing Commission Revenue 
Account for one year and make refunds during 
such time to any person presenting a valid 
ticket for a refund. Thereafter, the Commis- 
sion shall apply all monies remaining from the 
unclaimed ticket receipts toward the operation 
of the Commission. 

(C) Failure to comply with this provision shall 
result in the forfeiture of the bond or other 
security and additional bond or additional 
security and revocation of the license of the 
promoter or foreign copromoter. 

(24) The promoter shall retain all records necessary 
to justify and support the information submitted 
on any reports required by the Commission for 
a period of two years following the date of the 
match or program of matches. 

(25) It shall be the responsibility of the promoter to 
provide the following: 

A portable resuscitator with all additional 
equipment necessary for its operation; 
An ambulance with two qualified attendants; 
A clean stretcher and clean blanket which shall 
be in place at all times throughout the program 
of matches; 

No match shall begin or continue unless such 
equipment and personnel are on the premises. 
in a state of readiness and in a pre-designated 
readily assessable location known to the ref- 
eree, physicians and the Commission represen- 
tative. 

(26) It shall be the responsibility of the promoter to 
have available at all times during the progress of 
a program of matches a person or persons 
capable of making emergency repairs, correc- 



(27) 



(A) 

mi 

1Q 



(El 



LA] 



(D) 



im 



(28) 



tions and adjustments to the ring, lights and 
other necessary fixtures. 

The promoter shall supp ly the following items 
which shall be in good working order and avail- 
able for use as needed: 
A public address system; 
Chairs, properly located in accordance with 
the floor plan; 

A bell, positioned in a neutral location desig- 
nated by the Commission representative, for 
use by the timekeeper; 

Two stools, a clean water bucket and a clean 
water container for drinking purposes for each 
contestant's corner; and 

A complete set of numbered round cards, 
which shall be of such size as to make them 
clearly legible from all parts of the arena. 
The promoter for the match shall be responsible 
for acquiring the insurance coverage described 
in this Chapter and filing with the Commission 
written evidence of insurance no later than 72 
hours prior to the date of the match. Such 
evidence of insurance shall specify, at a mini- 
mum, the name of the insurance company, the 
insurance policy number, the effective date of 
the coverage and evidence that each contestant is 
covered by the insurance. Any deductible 
associated with the insurance policy shall be paid 
by the promoter. If the promoter fails to pro- 
vide evidence of insurance as required in this 
Chapter the permit shall not be is sued or. if 
issued, shall be suspended and the program of 
matches shall be canceled. Each contestant in a 
match held in North Carolina shall be covered 
by insurance for medical, surgical and hospital 
care for injuries sustained while engaged in a 
match. Said coverage shall be for an amount 
not less than two thousand five hundred dollars 
($2,500) for each contestant, 
(m) The following requirements shall apply to the 
licensing and duties of managers: 

(1) No person shall act as a manager for any contes- 
tant without having first obtained a manager 
license. 

(2) No manager shall also be licensed as a judge, 
physician, promoter or referee and shall not act 
as a judge, physician, promoter or referee. 

(3) No manager shall have financial or pecuniary 
interest in an opponent of his contestant. 

(4) No licensed manager shall act as a manager in 
any boxing or kickboxing match in this state 
which match is not sanctioned by the Commis- 
sion. 

(5) No manager shall attempt to select or insist up on 
the selection of any referee or judge in a match 
in which a contestant under his management is 
to appear, nor shall he have the name of any 



( 



2495 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



< 



• 



such referee or judge written into the contract 
governing such match. 

(6) No manager shall p ay or contribute to the pay of 
any referee or judge. 

(7) A manager shall not coach or in any way assist 
a contestant during a match, or by word or 
action attempt to heckle or annoy his opponent. 
A manager shall not enter the corner or the ring 
at any time during the match. If any manager 
enters the corner or the ring during any match, 
he shall be immediately ejected by the referee, 
and the referee shall order the match to con- 
tinue. However, a manager may be designated 
as a second for his contestant and, if so desig- 
nated, shall comply with the requirements set 
forth for seconds in these Rules. 

(8) The manager shall furnish to his contestant a 
statement of distribution of the purse together 
with the contestant's share of the purse no later 
than 24 hours after the manager receives the 
purse and promoter's statement from the pro- 
moter. The manager shall retain a copy of his 
statement of distribution of the purse, certified 
by him to be correct, with receipted vouchers 
for all expenditures and deductions for a period 
of six months following the date of the match 
and shall present such copy to the Commission 
for inspection if requested to do sex 

(n) The following requirements shall apply to the licens- 
ing and duties of referees: 

(1) No person shall act as a referee in a match held 
in North Carolina without first having obtained 
a referee license. 

(2) If, during the course of a match, the referee 
receives an injury or is unable to continue acting 
in his capacity as referee, the Commission 
representative shall: 

(A) Select another qualified person to act as ref- 
eree for the remainder of the match and pro- 
gram of matches; or 

(B) If no qualified person is available, cancel the 
remainder of the match and program of 
matches. 

(3) No person who has financial or pecuniary inter- 
est in any contestant shall be granted a referee 
license. 

(4) No referee shall also be licensed as a booking 
agent, manager, matchmaker, representative of 
a booking agent, second or trainer and shall not 
act as a booking agent, manager, matchmaker, 
contestant, representative of a booking agent, 
second or trainer. 

(5) No licensed referee shall act as a referee at any 
boxing or kickboxing match in a state without a 
state boxing Commission unless the match is 
sanctioned by a national or international organi- 
zation recognized by the Commission, or at any 



(6] 



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(A) 



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(10) 



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boxing or kickboxing match held in this state 
unless the match is sanctioned by the Commis- 
sion. 

A referee, in addition to being examined by a 
physician prior to officiating, shall submit to an 
annual physical examination to establish his 
physical fitness. The result of this examination 
shall be filed with the Commission- 
Prior to the beginning of each match, and peri- 
odically for the duration of the match, the 
referee shall examine the contestants' gloves, 
equipment, and person to ensure that no unsafe 
or improper conditions exists. Before allowing 
a match to continue after a contestant has been 
knocked down, the referee shall wipe clean the 
surface of the gloves of the contestant who was 
knocked down. 

When a contestant receives an injury which the 
referee believes may incapacitate the contestant, 
the referee shall call time out and consult with 
the physician as to the advisability of allowing 
the match to continue. No person shall attempt 
to render aid to a contestant who has been 
counted out during the course of a match before 
the physician has examined the contestant. 
However, the referee may remove the contes- 
tant's mouthpiece. 

The referee shall have the authority to: 
Terminate a match at any time when he con- 
siders that one of the contestants has such 
superior skills or ability as to make such match 
unreasonably dangerous to the other contestant; 
Disqualify a contestant who commits an inten- 
tional foul and award the decision to the oppo- 
nent; 

Terminate a match and disqualify either or 
both contestants if he considers that either or 
both contestants are not competing in earnest; 
Terminate a match if either contestant has been 
injured and is in such condition that to con- 
tinue the match might subject him to a more 
serious injury; 

Temporarily or permanently halt a match if he 
believes that a significant health hazard exists, 
which hazard could reasonably be anticipated 
to create a significant hazard to the contestants 
or the public; and 

Enforce discipline and the rules, as set forth in 
this Chapter, pertaining to the conduct and 
behavior of contestants, managers and seconds. 
The referee shall not touch the contestants, 
except for the failure of either or both contes- 
tants to obey the break command. 
The referee's remarks shall be limited to instruc- 



tions to the contestants and to the chief seconds. 



(o) The following requirements shall apply to the licens- 
ing and duties of judges: 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2496 



PROPOSED RULES 



ill 

Hi 



111 



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{A} 

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No person shall act as a judge in a match held in 
North Carolina without first having obtained a 
judge license. 

A judge shall not also be licensed as a booking 
agent, manager, matchmaker, contestant, repre- 
sentative of a booking agent, second or trainer. 
No judge shall have a financial or pecuniary 
interest in any contestant. 

No licensed judge shall act as a judge at any 
boxing or kickboxing match in a state without a 
state boxing Commission unless the match is 
sanctioned by a national or international organi- 
zation recognized by the Commission, or at any 
boxing or kickboxing match held in this state 
unless the match is sanctioned by the Commis- 
sion . 

Three scoring judges and two kick count judges 
(if applicable) shall be assigned to officiate in 
each match. If five judges are not available, the 
Commission representative may appoint a ref- 
eree to act in the capacity of judge. 
The judges shall be located in seats designated 
for them by the Commission representative- 
No match shall begin or continue unless all three 
judges are in their designated seats. 
Judges shall, if requested by the referee, assist 
in deciding whether fouls have been committed, 
and may bring other points to the attention of the 
referee at the end of a round. 
It shall be the duty of each judge to: 
Be fully informed of and conversant with the 
rules, regulations, standards, guidelines and 
policies of G.S. 143, Article 68 and the rules 
set forth in this Chapter; 
Observe carefully at all times during the match 
the performance of the contestants; 
Appraise such performance fairly, accurately 
and expertly using G.S. 143, Article 68, and 
the rules set forth in this Chapter; 
Inscribe the result of such appraisal after each 
round on the round score card or match score 
card, whichever is appropriate, according to 
the scoring system adopted in this Chapter; 
and 

Complete and sign the match score card and 
deliver it to the referee at the conclusion of the 
match. 



(10) 



Judges shall utilize forms provided by the Com- 
mission for scoring. 
(p) The following requirements shall apply to the licens- 
ing and duties of announcers: 

(1) No person shall act as an announcer at any 
match held in North Carolina without first 
having obtained an announcer license. 

(2) No licensed announcer shall act as an announcer 
at any boxing or kickboxing match in a state 
without a state boxing Commission unless the 



match is sanctioned by a national or international 
organization recognized by the Commission, or 
at any boxing or kickboxing match held in this 
state unless the match is sanctioned by the 
Commission. 

(3) The announcer shall make all announcements in 
the English language. He may also announce 
the match in another language after he has first 
made all announcements in the English language. 

(4) An announcer shall be neatly and appropriately 
dressed while discharging his duties. Dress 
shall include jacket and tie. 

(5) The announcer shall be at all times, subject and 
responsible to the Commission representative in 
the discharge of his duties and shall accept 
directions only from the Commission representa- 
tive. 

(6) Announcers shall not make unauthorized an- 
nouncements or introductions of persons other 
than the contestants and officials unless the 
Commission re presentative has determined that 
the announcement or introduction is appropriate 
for the match. Under no circumstances shall an 
individual be introduced if his license has been 
revoked or is currently under suspension. 

(7) After both contestants and their chief seconds 
are in the ring, the announcer shall announce the 
name of each contestant, his weight as deter- 
mined at the weigh-in, and such other announce- 
ments as directed by the Commission representa- 
tive. 

(8) An announcer shall display strict impartiality in 
word and action while performing his duties. 

(9) The number of the round shall be announced or 
displayed at the 1-minute interval between 
rounds. 

(10) At the conclusion of each match, the announcer 
shall make the announcement of the win or draw 
in the manner and at such time as directed by 
the Commission representative. 

(11) In the event of a knockout or a technical knock- 
out, the announcer shall obtain the result and the 
official time of the termination of the match 
from the Commission representative, and shall 
announce the result, the time and the round in 
which the knockout or technical knockout oc- 
curred. 

(12) At the conclusion of each match and immedi- 



ately after the announcements have been made, 
the announcer shall submit to the Commission 
representative any match score cards used by the 
judges and the referee that he may have in his 
possession. 
(q) The following requirements shall apply to the licens- 
ing and duties of timekeepers and knockdown timekeepers: 
(1) No person shall act as a timekeeper or knock- 

down timekeeper for any match held in North 



2497 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



♦ 



# 



Carolina without first obtaining a timekeeper 
license. 

(2) No licensed timekeeper shall act as a timekeeper 
at any boxing or kickboxing match in a state 
without a state boxing Commission unless the 
match is sanctioned by a national or international 
organization recognized by the Commission, or 
at any boxing or kickboxing match held in this 
state unless the match is sanctioned by the 
Commission. 

(3) The timekeeper shall have with him during the 
performance of his duties a whistle, a 3-minute 
stopwatch, and a hammer or wooden mallet each 
of which shall be examined and checked as to 
accuracy for each match by the Commission 
representative. 

£4} The timekeeper shall be located within his arm 
length of the bell in a seat designated by the 
Commission representative. No match shall 
begin or continue unless the timekeeper is in his 
designated seat. 

(5) The timekeeper shall not use the whistle, bell, or 
other instrument during the progress of a round 
except in the manner and at the time authorized 
in this Chapter. 

(6) Ten seconds before the beginning of each round, 
the timekeeper shall give warning to the seconds 
of each contestant by blowing the whistle. Ten 
seconds before the end of each round, the time- 
keeper shall give warning by pounding twice on 
the ring floor. 

(7) If directed by the referee, the timekeeper shall 
take time out. 

(8) The timekeeper shall strike the bell to signify the 
beginning and ending of each round. 

(9) If a match ends before the scheduled number of 
rounds, the timekeeper shall inform the referee 
and the Commission representative of the exact 
duration of the match. 

(10) The timekeeper shall be familiar with and per- 
form such other duties as set forth these Rules. 

(11) In the event that an automatic timekeeping 
machine is available, its use is authorized, 
provided however, that manual timekeeping is 
maintained in the event of equipment failure. 

(12) The knockdown timekeeper shall have with him 
during the performance of his duties a knock- 
down watch which shall be examined and 
checked as to accuracy for each match by the 
Commission representative. 

(13) The knockdown timekeeper shall be located 
adjacent to the timekeeper in a seat designated 
by the Commission representative. No match 
shall begin or continue unless the knockdown 
timekeeper is in his designated seat. 

(14) The knockdown timekeeper shall count each 
second for knockdowns by striking the floor of 



the ring or a suitable wooden striking-board with 
a substantially constructed hammer or wooden 
mallet and, by stating in a loud voice, the elapse 
of each second. 
(15) The knockdown timekeeper shall be familiar 
with and perform such other duties as set forth 
in these Rules. 
(r) The following requirements shall apply to the licensing 
and duties of seconds: 

(1) No person shall act as a second for a contestant 
in any match held in North Carolina without 
first having obtained a second license except that 
a licensed manager may be designated as one of 
his contestant's seconds. 

(2) No licensed second shall act as a second at any 
boxing or kickboxing match in a state without a 
state boxing Commission unless the match is 
sanctioned by a national or international organi- 
zation recognized by the Commission, or at any 
boxing or kickboxing match held in this state 
unless the match is sanctioned by the Commis- 
sion. 

(3) No second shall have any financial or pecuniary 
interest in the o pponent of his contestant. 

(4) No second shall also be licensed as a judge, 
physician, promoter or referee and shall not act 
as a judge, physician, promoter or referee. 

(5) Each contestant shall be allowed no more than 
three seconds, one of whom shall be designated 
the chief second. The chief second shall be in 
charge of the participant's corner and be respon- 
sible for the conduct of all seconds, and shall be 
held responsible for any violation committed by 
any second. 

(6) The chief second of any contestant shall have 
with him at the ringside the following articles: 

(A) One stool; 

(B) One pair of scissors; 

(C) One towel; 

(D) One clean water bucket; 

(E) One container of drinking water; 

(F) The necessary tape and bandages; and 

(G) Proper caustics to stop bleeding of minor cuts 
and lacerations. 

(7) First aid and other ring equipment of a second 
shall in all cases and at al] times before, during, 
and after use, be available for inspection by the 
physician and the Commission representative 
whose decision shall be final as to the propriety 
of its use. 

(8) Seconds shall not coach or in any way assist a 
contestant during a round, or by word or action 
attempt to heckle or annoy his contestant's 
opponent. Seconds shall remain seated in place 
and silent during the fight period of any round 
and shall not knock or pound on the ring floor. 

(9) No second shall attempt to render aid to a 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2498 



PROPOSED RULES 



contestant who has been counted out during the 
course of a match before the physician has 
examined the contestant. 

(10) Jf any second enters the ring during any fight 
period of any match, he shall be immediately 
ejected by the referee, and the referee shall 
order the match to continue. 

(11) The excessive or undue spraying of water on 
any fighter between rounds is prohibited. 

(12) Only one second shall be allowed in the ring- 
No second shall enter the ring until the bell 
indicates the end of a round. He shall leave the 
ring at the sound of the timekeeper's whistle 
indicating the beginning of the next round is 
imminent. Prior to the beginning of each round, 
the entire ring platform and ropes shall be 
cleared of all obstructions, including buckets, 
stools, towels, and other articles; and none of 
these articles shall again be placed on the ring 
platform until the bell has sounded indicating the 
end of the round. 

(s) The following requirements shall apply to the licensing 
and duties of trainers: 

(1) No person shall act as a trainer for any contes- 
tant without having first obtained a trainer 
license. 

(2) No licensed trainer shall act as a second at any 
boxing or kickboxing match in a state without a 
state boxing Commission unless the match is 
sanctioned by a national or international organi- 
zation recognized by the Commission, or at any 
boxing or kickboxing match held in this state 
unless the match is sanctioned by the Commis- 
sion. 

(3) No trainer shall have financial or pecuniary 
interest in an opponent of his participant. 

(4) No trainer shall also be licensed as a judge, 
referee, physician or promoter and shall not act 
as a judge, referee, physician or promoter. 

(5) The trainer shall prepare the contestant for the 
match in which he is to engage and shall provide 
information and direction so as to ensure that the 
contestant is in good physical condition and is 
prepared to utilize and display his skills to the 
best of his ability. 

(6) A trainer shall not coach or in any way assist a 
contestant during a match, or by word or action 
attempt to heckle or annoy his participant's 
opponent. 

A trainer shall not enter the corner or the ring at 
any time during the match and shall remain 
seated and silent during the match. 
If any trainer enters the corner or the ring 
during any match, he shall be immediately 
ejected by the referee, and the referee shall 
order the match to continue. 



that the (6) 



(7) A trainer shall 



ill 



(t) The following requirements shall a pply to the 



licensing and activities of booking agents and their represen- 
tatives: 

(1) No person shall act as a booking agent or repre- 
sentative of a booking agent without first having 
obtained the appropriate license. 

(2) No booking agent or representative of a booking 
agent shall also be licensed as a judge, physi- 
cian, referee or promoter and shall not act as a 
judge, physician, referee or promoter. 

(3) No licensed booking agent shall act as a second 
at any boxing or kickboxing match in a state 
without a state boxing Commission unless the 
match is sanctioned by a national or international 
organization recognized by the Commission, or 
at any boxing or kickboxing match held in this 
state unless the match is sanctioned by the 
Commission. 

(u) The following requirements shall apply to the licens- 
ing and duties of physicians: 

(1) No person shall act as a physician in any match 
held in North Carolina without first having 
obtained a physician license. 

(2) No physician shall have financial or pecuniary 
interest in any contestant under the jurisdiction 
of the Commission. 

(3) No physician shall also be licensed as a booking 
agent, manager, matchmaker or representative of 
a booking agent and shall not act as a booking 
agent, manager, matchmaker or representative of 
a booking agent. 

(4) At least one physician shall be present at each 
match and render service and assistance as 
provided for in these Rules. A physician shall 
be located near each contestant's corner in a 
designated seat for the duration of each match. 
No match shall be allowed to begin or continue 
unless at least one physician is in his designated 
seat. 

(5) The physician shall provide medical assistance 
for any illness or injury sustained by any person 
under the jurisdiction of the Commission. 
If. at any time during the match, the physician 
is of the opinion that a contestant has received 
severe punishment or injury, or that to continue 
the match would pose the threat of unreasonable 
harm or injury to a contestant, the physician 
shall advise the referee that the match should be 
terminated. 

(7) LL in the opinion of the physician, the referee 
has received an injury, the seriousness of which 
prevents him from continuing to officiate, the 
physician shall notify the Commission represen- 
tative who shall temporarily halt the match. The 
injured referee shall be attended by the physician 
until he is no longer in danger or has been 
transferred to the care of another qualified 
person. 



( 



2499 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



(8) Tn the event of injury to or illness of any person 
under the jurisdiction of the Commission and 
while located on the premises where a program 
of matches is being conducted, the physician 
shall have complete charge of such person and 
shall be accorded the full cooperation of all 
Commission representatives and licensees pres- 
ent. 

(9) Whenever a knockout occurs in any match, the 
physician shall examine the contestant knocked 
out immediately after the match. In the event of 
a knockout or other serious injury, the physician 
shall remain on the premises to provide medical 
attention as needed. When the physician is 
satisfied that the injured or knocked out contes- 
tant has recovered to the extent that the physi- 
cian releases the contestant from his care, he 
shall, prior to releasing him, instruct him as to 
the danger signs of which the contestant should 
be aware and which would indicate the need to 
seek immediate medical attention. 

(10) The physician shall not leave the premises until 
after the decision in the final match has been 
rendered and he is satisfied that his services are 
no longer necessary. 

Authority G.S. 143-652. 

.0107 CONTRACTS AND FINANCIAL 
ARRANGEMENTS 

(a) A promoter or matchmaker shall not contract with or 
negotiate with managers or contestants who are under 
suspension or whose license has been revoked in North 
Carolina or any other state. 

(b) All contracts shall be in writing and shall be filed with 
the Commission within seven days after execution. The 
Commission shall be notified immediately of any changes in 
contractual status, which change shall be in writing, signed 
by all parties of the contract and filed with the Commission 
within seven calendar days after execution. Contracts 
between contestants and the promoter shall be filed with the 
Commission no later than at the time of the weigh-in. 

(c) No unlicensed manager, unlicensed agent, or other 
unlicensed person shall negotiate or contract for or on behalf 
of any contestant with any promoter or matchmaker under 
the jurisdiction of the Commission. Any contract or 
negotiation entered into by such licensed person shall be 
unenforceable. 

(d) No manager shall negotiate, obligate or contract for 
matches for a contestant not under contract to him. 

(e) The Commission shall be notified immediately of any 
changes in contractual status, which change shall be in 
writing, signed by all parties to the contract and filed with 
the Commission no later than at the time of the weigh-in. 

(f) No contract shall be entered into which entitles a 
manager or group of managers to a total fee in excess of 33 
1/3% of the gross earnings of the contestants, and no 



contract containing such a provision shall be valid or 
binding. 

£g] Release of a contestant from a contestant or manager 
contract shall be in writing and filed with the Commission. 

(h) No manager of a contestant shall sell, assign, transfer 
any interest, or in any way encumber, or attempt to sell, 
assign, transfer any interest or in any way encumber in 
whole or in part, which he holds in any contract for services 
of such contestant without notice to and written consent of 
such contestant and without notice to and written consent of 
the commission. 

£i] No person shall sign a contract with a contestant as a 
promoter, manager, matchmaker, or trainer unless such 
person has first applied for and been granted the appropriate 
license, or such a contract shall not be valid. 

(j) Each contract between a manager and a contestant 
shall contain provisions governing its duration, division of 
the contestant's purse, and any minimum sum guaranteed to 
the contestant by the manager. Each contract shall provide 
and if not included, shall be deemed to include, that it is 
automatically terminated if the license of either party is 
revoked by the Commission or if the manager fails to renew 
his license before its expiration date. If the license of either 
party is suspended, the contract is not binding upon the 
other party during the period of suspension, provided 
however that if the manager's license is revoked or sus- 
pended for a period of greater than sixty days, the contract 
shall be automatically terminated. 

(10 The Commission is authorized to withhold any or all 
of any manager's share of a purse in the event of a contrac- 
tual dispute as to entitlement to any portion of a purse. If 
the Commission deems it appropriate, the Commission is 
hereby authorized to impaled interested parties over any 
disputed funds into the appropriate circuit court for resolu- 
tion of the dispute prior to release of all or any part of the 
funds. 

{D No manager shall attempt to select or insist upon the 
selection of any referee or judge in a match in which a 
contestant under his management is to appear, nor shall he 
have the name of any such referee or judge written into the 
contract governing such match. 

(m) No manager shall pay or contribute to the pay of any 
referee, judge, or timekeeper. 

(n) Unless otherwise directed by the Commission's 
representative, all moneys due officials shall be distributed 
by the promoter to the Commission's representative at the 
conclusion of the weigh-in or before the first contest at the 
program of matches. Unless otherwise directed by the 
Commission's representative, all moneys due contestants 
shall be distributed by the promoter during or immediately 
after the conclusion of the program of matches. Payments of 
purse amounts and payments to officials shall be made in 
cash unless otherwise pre-approved by the Commission. 
For accounting purposes, a promoter may make checks 
payable to contestants but must immediately cash such 
checks. In no case shall a contestant be required to accept 
a payment by check in lieu of cash. The promoter shall 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2500 



PROPOSED RULES 



retain receipted vouchers for all expenditures and deduc- 
tions, for a period of six months, during which time the 
promoter must provide to the Commission upon demand 
such copy. 

(o) The manager shall furnish to the contestant he 
manages a statement of distribution, together with the 
contestant's share of the purse, no later than 24 hours after 
the manager receives the purse and a statement from the 
promoter. The manager shall retain receipted vouchers for 
all expenditures and deductions, for one year following the 
expiration date of the contract between manager and 
contestant, during which time the manager must provide to 
the Commission upon demand such copy. 

Authority G.S. 143-652. 

.0108 KICKBOXING 

(a) Kickboxing shall be classified by weight as follows: 
£1} Flyweight - to 120 lbs. 

(2V Bantamweight : to J25 lbs^ 
£3] Featherweight - to 130 lbs. 

(4) Lightweight - to 140 lbs. 

(5) Welterweight - to 154 lbs. 
£6] Middleweight - to 167 lbs. 

(7) Light Heavyweight/Cruiserweight - to 184 lbs. 

(8) Heavyweight - over 184 lbs. 

(b) Additional weight categories are permitted provided 
however that kickboxers shall be required to conform to the 
rule regarding weight spread of contestants shown in this 
Rule. A contest shall not be permitted if the difference in 
weight between the contestants exceeds the difference shown 
in the following schedule: 



(1) to 120 lbs. - not more than 4 lbs. 

(2) 120 to 125 lbs. - not more than 6 lbs 
£3} 125 to 130 lbs. 
(4] 130 to 140 lbs. 

(5) 140 to 154 lbs. - not more than 10 lbs 

(6) 154 to 167 lbs. - not more than 12 lbs 
£7} 167 to 184 lbs. 
(8} 184 and over - 



not more than 6 lbs. 
not more than 8 lbs. 



; not more than 15 lbs. 
no limit 



(c) Each contestant shall wear the following: 

(1) Kickboxing type trunks or karate style long 
pants, the belt of which does not extend above 
the waistline: 

(2) A protective groin cup, which shall be firmly 
adjusted before entering the ring; 

(3) An individually fitted mouthpiece which shall be 
in the contestant's mouth at all times during the 
fight period of each round; 

i.4) Breast protectors for female contestants; 

(5) An abdominal guard of standard type which 
provides sufficient protection to withstand any 
low blow; and 

(6) Although not required, it is permissible for 
female contestants to wear a protective pelvic 
girdle to cover the pubic area, ovaries, coccyx 
and sides of the hips. 



(d) All contestants shall be clean and present a neat 
appearance. This also applies to the contestants ring 
apparel . If the Commission representative determines the 
hair on the contestant's head or face presents any potential 
hazard to the safety of the contestant, his opponent or will 
interfere with the supervision of the match he shall notify 
the contestant of such determination at the time of the 
weigh-in. If, at the time the inspector makes the final 
inspection of the contestant before the match begins, the 
contestant has not made the necessary corrections, he shall 
not be permitted to fight and shall be disqualified. 

(e) Any contestant who fails to comply with these 
requirements shall not be allowed to participate in a match 
and such failure to comply with these requirements shall be 
grounds for suspension of the contestant's license. 

£fj All contestants must wear thumb attached kickboxing 
gloves, and footpads. Kickboxing gloves weighing a 
minimum of 8 ounces shall be worn by contestants weighing 
154 lbs, or less. Kickboxing gloves weighing a minimum 
of U) ounces shall be worn by contestants weighing 154 lbs. 
or more. An ample supply of kickboxing gloves and 
footpads in good condition, must be kept on hand by the 
promoter. All gloves and footpads must pass the inspection 
of the referee and/or the Commission representative, and the 
Commission may require a brand new set of gloves or 
footpads for any event. Laces of gloves shall be knotted on 
the back of the wrist with tape applied over the laces so as 
to prevent injury to the opponent. 

(g) Wrapping of hands and feet is required, and shall 
conform to the standards as described in Rule .0104(1) of 
this Section. Footpads are required and shall be approved 
by the referee or Commission representative. 

(h) Shin guards are required and shall be of a soft material 
of a type and construction normally used for kickboxing. 
Shin guards shall be held in place at two locations using no 
more than two windings of! 1/2 inch surgical tape. 

(i) The ring must meet the requirements as described 
under "boxing ring" in Rule ,0104(n) of this Section. 

(j) The length of each round of a match shall be two 
minutes with one minute rest intervals between rounds. 

(~k) A match shall be scheduled for four, six, eight, or 10 
rounds, depending on the experience of the contestants and 
whether or not the match is a main event. A championship 
match shall be scheduled for 12 rounds. 



£1) Scoring shall be by the "10 point must" system. The 
winner of any round shall be awarded 10 points by the 
scoring judge, provided however that penalty points will be 
deducted for fouls or for failure to execute the eight re- 
quired kicks. The loser of any round shall be scored 7 to 
9 points, provided however that penalty points may be 
deducted for fouls or for failure to execute the number of 
required kicks. Decimal scoring using 1/2 points (0.5) may 
be permitted. 

(m) The awarding or deducting of points by the judges 
and referee, the determination as to the occurrence of 
knockdowns, knockouts and fouls and the procedure to be 
used following such occurrence shall be accomplished in the 



I 



2501 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



following manner and based on the following criteria, which 
criteria is listed in the order of importance: 

(1) Offensive full-contact professional karate punch- 
ing, kicking and striking techniques, with the 
exception of those techniques identified in this 
Chapter as fouls, are appropriate, and the execu- 
tion of such techniques in an effective and timely 
manner shall be scored highly. Professional 
karate techniques include all techniques in 
various karate, kung fu, tag kwon do and similar 
fighting systems, which techniques may be 
executed according to the individual kickboxer's 
style or system of fighting. 

(2) A clean knockdown shall be highly scored. A 
successful sweep is not considered a knockdown. 
The following shall be used to determine when 
a knockdown has occurred and the procedure to 
be followed after a knockdown has occurred: 

(A) A contestant shall be considered to be knocked 
down when: 

Any part of his body, other than his feet, 

is on the floor; 

He is hanging helplessly over the ropes; 

He is rising from a down position; 

He purposefully falls down without being 

hit; or 

At the conclusion of a round in a match, 

he leaves the ring and fails to be in the 



til 

Gil 
(iii) 
£iy) 

(v) At the 



ring when the bell sounds indicating the 
beginning of the next round. 

(B) When a contestant is knocked down, the ref- 
eree shall order the opponent to retire to the 
farthest neutral corner of the ring by pointing 
to that corner, and shall immediately begin a 
10-second count, of which 8 seconds shall be 
mandatory, over the contestant who is down. 
He shall announce the passing of the seconds, 
accompanying the count with a downward 
motion of his arm. The assistant or knock- 
down timekeeper, by effective signaling, shall 
provide the referee the correct one second 
interval for his count. The referee's count is 
the official count. 

(C) If the contestant taking the count is still down 
when the referee calls the count of K^ the 
referee shall wave both arms to indicate that 
the contestant has been knocked out, provided 
however, that if the contestant is counted out 
by virtue of his failure to be in the ring when 
the bell sounds indicating the beginning of the 
next round, the match shall be terminated and 
the contestant who was counted out shall be 
declared the loser by technical knockout. 

(D) If a contestant is knocked down and is down at 
the time the bell rings to end the round, the 
knockdown timekeeper shall continue to count. 
If the downed contestant fails to rise before the 



count of 10, he shall be considered to have 
been knocked out in the subsequent round. If 
a contestant is knocked down and is down at 
the time the bell rings in the final round, the 
knockdown timekeeper shall continue to count 
and if the downed contestant fails to rise 
before the count of K) the downed contestant 
shall be considered to have been knocked out 
in the final round. 

(E) If both participants are knocked down at the 
same time, counting shall continue as long as 
either remains down. If both participants 
remain down until the count of 10, the match 
shall be terminated and the decision shall be a 
technical draw. 

(F) A contestant who has been knocked down shall 
be required to take a count of eight whether or 
not he has regained his feet before the count of 
eight has been reached. 

(G) The referee shall, if in his opinion a contestant 
has been dazed or significantly hurt but re- 
mains standing, administer a standing 8-count. 
The referee shall order the o pponent to retire 
to the farthest neutral corner of the ring by 
pointing to that corner, and shall immediately 
begin the 8 second count. He shall announce 
the passing of the seconds, accompanying the 
count with a downward motion of his arm. 
The assistant or knockdown timekeeper, by 
effective signaling, shall provide the referee 
the correct one second interval for his count. 
The referee's count is the official count. A 
standing 8-count shall be considered a knock- 
down. 

(TO If a contestant who is down arises before the 
count of K) is reached, and then goes down 
immediately, without being struck, the referee 
shall resume the count where he previously 
stop ped counting. 

(T) When a contestant is knocked out, the referee 
shall perform a full 10 second count before 
terminating the match, provided however that 
if, in the opinion of the referee or physician, 
the contestant requires immediate medical 
attention, the referee shall not be required to 
count to KX The referee shall waive his arms 
to indicate that the contestant is knocked out 
and shall immediately summon the physician. 

(J) If a contestant is knocked out of or has fallen 
out of the ring the referee shall allow the 
contestant a reasonable period of time to re- 
enter the ring, provided however, that if the 
contestant was knocked out of the ring as a 
result of a legal technique and is unable to 
regain his feet, the referee shall consider this 
to be a knockdown and shall begin a K) second 
count. The opponent shall be ordered to retire 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2502 



PROPOSED RULES 



to the furthest neutral corner, where he shall 
remain until signaled by the referee to continue 
with the match. If a contestant intentionally 
falls through the ropes, his seconds shall not 
assist him and, the contestant shall be consid- 
ered to have been knocked down and the 
appropriate count and procedures for knock- 
downs shall be initiated by the referee. If a 
contestant is assisted to his feet, enters the ring 



and immediately goes down, the referee shall 
begin a K) second count or shall continue a 10 
second count started after the contestant was 
knocked out of the ring. Any contestant who 
does not immediately re-enter the ring shall be 
deemed to have been knocked down and the 
appropriate count and procedures used in the 
event of a knockdown shall be used. If, in the 
opinion of the referee, the contestant has been 
dazed or significantly hurt but remains stand- 
ing, the referee shall administer a standing 8; 
count. 
(K) When a contestant rises from being knocked 
down, the referee shall, if he deems it advis- 
able, step between the participants for such 
period of time to assure himself that the con- 
testant who has just arisen is able to continue. 
When so assured, he shall, without loss of 
time, order both participants to proceed with 
the match. 
(L) Should the contestant who is not down and 
who has been ordered to a neutral corner, fail 
to stay in the neutral corner, the referee and 
knockdown timekeeper shall cease the count 
and shall not resume the count until the contes- 
tant has retired to the neutral corner. 
(M) Unless otherwise approved before the match, 
a towel thrown into the ring shall be ignored 
and the match shall commence as though it had 
not appeared. 
(N) If a contestant slips, falls down or is pushed 
down, the referee shall immediately order him 
to his feet, clean his gloves of any dirt and 
debris and order the match to continue. 
(O) If a contestant is knocked down three times 
during any one round, he shall be declared the 
loser by technical knockout, provided how- 
ever, that this rule may be waived in advance 
for a championship match. 
(3) Legal kicks are those which are attempts to land 

hard on a target area of the opponent's body 
with the intent to do damage. The determination 
of a legal kick shall be made by the kick count 
judge. The minimum kick requirement shall be 
8 legal kicks delivered above the belt. For each 
legal kick less than the minimum number re- 
quired, a contestant shall be penalized by the 
deduction of one point, not to exceed three 



points in any one round. Each knockdown in a 
round shall result in the reduction by 1 of the 
minimum number of kicks required for each 
participant. At the point of a knockdown, which 
shall be indicated by the referee performing the 
mandatory 8-count, both kick count judges shall 
flip another card to show the awarding of a kick 
to each participant, thereby reducing the number 
of required kicks remaining to be executed in 
order to meet the minimum. The scoring judges 
shall score the round, after which the point or 
points penalized for failure to execute the mini- 
mum number of kicks shall be deducted from 
the score. 

(4) Sweeping is that technique used to throw the 
opponent off balance. When used, it must be an 
obvious attempt to unbalance the opponent's 
front leg and not be intended to injure the leg. 
Sweeps must be executed with the arch part of 
the foot and delivered to the outside portion of 
the forward leg only. A sweep delivered to the 
inside, front or rear of the leg, or a kick di- 
rected to the inside region of the thigh, non- 
footpad to footpad or shin to shin sweeps are 
fouls and will be so penalized. The low kick of 
French savate or coup de pied bas is considered 
a sweep and is subject to the same restrictions. 

(5) A foul, whether intentional or unintentional, will 
result in a warning or deduction of a point or 
points, as determined by the referee: 

(A) The referee shall determine the severity of the 
penalty using as his criteria the intent of the 
contestant committing the foul and the result 
and effect of the foul upon the opponent. 

(B) When the referee determines that he shall 
deduct a point or points from a participant, he 
shall immediately notify the Commission 
representative or scorekeeper (if one is used), 
who will ensure that the specified number of 
points are deducted from each of the judge's 
score cards at the end of the round. 

(C) The referee shall not tolerate continual and 
repeated Commission of fouls by a participant. 
The referee shall give warning to a contestant 
who continually and re peatedly commits fouls 
and when, in the opinion of the referee, the 
contestant has displayed persistent disregard 
for the rule governing the Commission of 
fouls, the referee shall disqualify the partici- 
pant, terminate the match and provide such 
findings to the Commission for appropriate 
action. 

(D) Points for fouls shall onl y be deducted in the 
round in which the fouls occurred. A contes- 
tant shall not be penalized in a subsequent 
round for fouls that occurred in a previous 
round. 



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2503 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



PROPOSED RULES 



# 



(E) The following actions are considered to be 
fouls, the committing of which will result in a 
deduction of points: 
(i) Striking below the belt in an unauthorized 

manner; 
(ii) Striking an opponent who is down or is 

getting up after being down; 
(iii) Holding an opponent with one hand and 

punching with the other; 
(iv) Holding or deliberately maintaining a 

clinch; 
(v) Butting with the head; 
(vi) Striking with the knee, elbow or palm- 
heel; 
(vii) Clubbing blows with the hand; 
(viii) Striking to the face with any part of the 
arm other than the gloved hand; 
(ix) Deliberately striking or kicking the groin 
area, women's breasts, women's ovaries, 
back of the head, neck or throat, or that 
part of the back near the spine and over 
the kidneys; 
(x) The deliberate use of any scraping or 

rabbit blow; 
(xi) Flicking or jabbing the opponent's eyes 

with the thumb of the glove; 
(xii) Hitting with the open glove or with the 

wrist; 
(xiii) The use of abusive language in the ring or 

corner, or spitting or biting; 
(xiv) Kicking with the knee, or kicking into the 
knee or to the inside region of the thigh, 
and sweeps to the inside region of the leg 
or shin-to-shin sweeps; 
(xv) Linear or straight-in striking or kicking to 

the spine; 
(xvi) Intentionally pushing, shoving or wrestling 
an opponent to the ring floor or out of the 
ring, or throwing or taking an opponent to 
the floor in any unauthorized manner 
including illegal sweeps; 
(xvii) Attacking or striking on the break; 
(xviii) Striking after the bell has sounded ending 
the round; 
(xix) Intentionally delaying the contest through 

any action or failure to act; 
(xx) Leg checking which is the act of extending 
the leg to check an opponent's leg to 
prevent him from kicking; 
(xxi) Grabbing or holding an opponent's leg or 
foot followed by a takedown, strike or 
kick; 
(xxii) Pushing an opponent around the ring or 

into the ropes; 
(xxiii) Anti-joint techniques whi ch is the act of 
striking or applying leverage against any 
joint; 



(xxiv) Holding the ropes with one hand while 
kicking, punching or defending with the 
other hand or the legs; 
(xxv) Any unsportsmanlike action which causes 
or is intended to cause injury to an oppo- 
nent; or 
(xxvi) Intentional spitting out of the mouthpiece 
or allowing the mouthpiece to foil out of 
the mouth. 
£n) Wins or draws shall be determined as follows: 

A contestant who knocks out his opponent shall 
be declared the winner of the match. 



(21 



ID 
ID 

15] 



If both participants are knocked down at the 
same time and both participants remain down 
until the count of 10, the match shall be consid- 
ered a technical draw. 
A contestant who is awarded a technical knock- 



1A] 

im 
im 
im 

IE) 

ID 

im 

ID 
GO 



out shall be declared the winner of the match. 
A contestant who is knocked down three times 
in any one round shall be considered to have lost 
the match by a technical knockout. If requested 
by a sanctioning body, this Rule shall be waived 
for a championship fight. 
When the winner of a match is to be determined 
by the number of points awarded or deducted or 
by the number of rounds awarded to each partic- 
ipant, the scores for all rounds shall be compiled 
for each judge and the following criteria shall be 
used: 

Three wins shall be declared a win; 

Two wins and one draw shall be declared a 

win; 

Two wins and one loss shall be declared a 

win; 

One win and two draws shall be declared a 

draw; 

One win, one draw and one loss shall be 

declared a draw; 

One win and two losses shall be declared a 

loss; 

Three draws shall be declared a draw; 

Two draws and one loss shall be declared a 

draw; 

One draw and two losses shall be declared a 

loss; and 

Three losses shall be declared a loss. 



(6) If, as the result of a foul, whether unintentional 
or intentional, except for an unintentional butt, 
a contestant is unable to continue, the following 
procedure shall be used to determine the result 
of the match: 

(A) If the foul occurs prior to the scoring of the 
first round the result shall be a technical draw; 

(B) If the foul occurs in any round subsequent to 
the first round or the foul occurs in the first 
round but the contestant is not determined to 
be unable to continue until after the scoring of 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2504 



PROPOSED RULES 



the first round, the winner shall be the contes- 
tant who is leading based upon the score cards 
of the judges. 

(7) If, as the result of an unintentional butt foul, a 
contestant is unable to continue, the following 
procedure shall be used to determine the result 
of the match: 

(A) If the foul occurs prior to the scoring of the 
third round and the fouled contestant is unable 
to continue, the result shall be a technical 
draw; 

(B) If the foul occurs in any round subsequent to 
the third round or the foul occurs in the first, 
second or third rounds round but the contes- 
tant is not determined to be unable to continue 
until after the scoring of the third round, the 
winner shall be the contestant who is leading 
based upon the score cards of the judges; 

(8) When an injury is produced by a fair strike but 
because of the severity of the injury the match 
cannot continue, the injured contestant shall be 
declared the loser by a technical knockout, 

(9) If a contestant refuses to continue a match while 
physically able to do so^ the referee shall dis- 
qualify him, award the match to his opponent, 
and shall direct that the purse be withheld. The 
referee shall provide a written report to the 
Commission. If the Commission determines that 
the contestant refused to continue a match while 
physically able to do so^ the Commission shall 
require that the participant's purse shall be 
forfeited to the Commission and shall impose a 
period of suspension for a period not less than 
six months. 

(10) In any case where the referee determines that 
both participants are not honestly competing, 
that a knockdown is intentional and predeter- 
mined by both parties or a foul has been prear- 
ranged so as to cause the match to be termi- 
nated, he shall not finish the knockdown count 
or disqualify either contestant for fouling or 
render a decision, but shall instead terminate the 
match not later than the end of the round and 
order the promoter to surrender the purses of 
both participants to the Commission representa- 
tive pending an investigation of the alleged 
violation. The announcer or referee shall inform 
the audience that no decision has been rendered. 

(11) If, in the opinion of the physician, the referee 
has received an injury , the seriousness of which 
prevents him from continuing to officiate, and 
the Commission representative is unable to 
locate another qualified person to act as referee, 
the match shall be terminated, no decision shall 
be rendered and the purses of both participants 
shall be withheld. The Commission shall then 
rule as to the disposition of the purses. 



(o) Finality of decisions shall be governed by the follow- 



nis 



(1) A decision rendered at the conclusion or termi- 



nation of any_ match is final and shall not be 
changed unless it is determined that any of the 
following occurred: 
There was collusion affecting the result of any 
match; 

The compilation of the round or match score 
cards shows an error which indicates that the 
decision was awarded to the wrong participant: 
There was a violation of these rules relating to 
drugs or foreign substances; or 
There was a violation of the rules set forth in 
this Chapter which violation affected the result 
of the match. 
If it is determined that any of the the above 
occurred, the decision rendered shall be changed 
as directed by the Commission, 
(p) Kickboxers shall conform to the standards set forth 
for boxers in Rule .0104(v) - £zl of this Section. 

Authority G.S. 143-652. 



( 



cm 



m 



( 



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2505 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



RULE-MAKING PROCEEDING 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE 
STANDARDS 

SECTION .0700 - HEALTH AND OTHER 
STANDARDS FOR CENTER STAFF 

Notice of Rule-making Proceeding is hereby given by 
the NC Child Day Care Commission in accordance 
with G.S. 150B-21.2(b). The agency shall subsequently 
publish in the Register the text of the rules it proposes to 
adopt as a result of this notice of rule-making proceeding 
and any comments received on this notice. 

Rule Citation: 10 NCAC 3U .0704 and .0708 

Statutory Authority for the rule-making: G.S. 110-91(8) 

Statement of the Subject Matter: Qualification require- 
ments for day care center administrators and day care center 
teachers. 

Reason for Proposed Action: To amend the rules to 
include completion of the NC Child Care Credential as an 
option for qualification. 

Comment Procedures: Question or written comments 
regarding this matter may be directed to Jeanne Marlowe, 
APA Coordinator, Division of Child Development. 319 
Chapanoke Rd. . PO Box 29553, Raleigh, NC 27626-0553; 
(919) 662-4535. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IK - GROUNDWATER 
PROTECTION LOAN FUND 

Notice of Rule-making Proceeding is hereby given by 
the Department of Environment, Health, and Natural 
Resources in accordance with G.S. 150B-21.2(b) The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
rule-making proceeding and any comments received on this 
notice. 

Rule Citation: 15A NCAC IK 

Statutory Authority for the rule-making: G.S. 143- 
215. 74E 



Statement of the Subject Matter: The proposed rules set 
forth the requirements and procedures for the training and 
certification of persons who perform the land application of 
animal waste resulting from the raising of swine (Sus scrofa) 
to be certified as required by G.S. 143-215. 74C-E. The 
purpose of the rules is to reduce nonpoint source pollution 
in order to protect the public health and to conserve and 
protect the quality of the State 's water resources. These 
Rules are also intended to encourage the development and 
improvement of the State's agricultural land for the produc- 
tion of food and other agricultural products. 

Hie proposed rules apply to all swine facilities designed to 
manage and t/iat acntally serve more than 250 swine. Such 
facilities will be required to designate and maintain a 
certified operator in charge for the land application of 
animal waste by January 1, 1997. Only the certified 
operator in charge may apply animal waste to the land. The 
owner of the facility is responsible for ensuring that the 
waste application is performed by a certified operator in 
charge or a person under the supervision of a certified 
operator in charge. 



Reason for Proposed Action: The purpose of this rule- 
making is to establish the certification procedures and 
requirements for operators of animal waste management 
systems as required by G.S. 143-215. 74E(d). The intent of 
this certification is to reduce nonpoint source pollution that 
may result from the land application of animal waste that is 
generated by the raising of swine (Sus scrofa). The certifi- 
cation program will be designed to protect the public health 
and to encourage the development and improvement of the 
State 's agricultural land for the production of food and other 
agricultural products 

Comment Procedures: Comments, statements, data, and 
other information may be submitted in writing no later than 
March 4, 1996. Wrinen comments may be submitted to Ron 
Ferrell, Division of Environmental Management , Water 
Quality Section. Water Pollution Control System Operators 
Certification Commission, P.O. Box 29535, Raleigh, NC 
27626-0535. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0100 - MOTORBOAT 
REGISTRATION 



N 



otice of Rule-making Proceeding is hereby given by 
the N.C. Wildlife Resources Commission in accor- 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2506 



RULE-MAKING PROCEEDING 



dance with G.S. 150B-21.2(b). The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceeding and any comments received on this notice. 

Rule Citation: 15A NCAC 10F .0100 

Statutory Authority for the rule-making: G.S. 75A-3; 
75A-5; 33 C.F.R. 174.21; 

Statement of the Subject Matter: 

Local Water Safety Regulations. 
Boat Registration. 

Reason for Proposed Action: 

Local Water Safety Regulations - To regulate boat speed 
in congested areas by establishing no-wake zones in the the 
following counties: (A) Brunswick Co. - Town Creek 
Coloney Area. (B) Catawba Co. - Lake Hickory. (C) 
Dare Co. - Baum Bay Harbor. (D) Person Co. - Mayo 
Lake. 

Boat Registration - To clarify rule and add provisions 
relating to vessel registration agents. 

Comment Procedures: The record of hearing will be open 
for receipt of written comments from January 2, 1996 - 
March 4, 1996. Such written comments must be delivered 
or mailed to the N.C. Wildlife Resources Commission, 512 
N. Salisbury Street, Raleigh, NC 27604-1188. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 69 - NORTH CAROLINA BOARD FOR 
LICENSING SOIL SCIENTISTS 

Notice of Rule-making Proceeding is hereby given by 
the North Carolina Board for Licensing Soil Scientists 
in accordance with G.S. 150B-21.2(b). The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceeding and any comments received on this notice. 

Rule Citation: 21 NCAC 69 

Statutory Authority for the rule-making: G.S. 89F-5(6) 

Statement of the Subject Matter: Board needs to adopt 
rules that establish licensing requirements for soil scientists. 
The Board intends to file temporary rules for those require- 
ments necessary for licensing. 

Reason for Proposed Action: Ratification of Chapter 89F 
of North Carolina 's General Statutes titled, Soil Scientist 
Licensing Act. 

Comment Procedures: Written comments pertaining to 
these rules will be accepted through March 4, 1996. They 
should be addressed to: Joseph Kleiss, Coordinator, NC 
Board for Licensing of Soil Scientists, PO Box 5316, 
Raleigh, NC 27650-5316. 



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2507 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. 
Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of 
rule-making proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: Environmental Management Commission 

Rule Citation: 15 A NCAC 2L .0106 and 15 A NCAC 2P .0402 

Effective Date: January 2, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: 143-215.2; 143-215. 3(a); 143-215. 94V; 143B-282 

Reason for Proposed Action: 

15A NCAC 2L .0106 - Amendments will require the owner or operator or a landowner, eligible for reimbursement from the 

state's Commercial and Non-Commercial Underground Storage Tank Trust Funds pursuant to NCGS 143-215. 94E(bl), to 

determine the degree of risk to human health and the environment that is posed by a discharge or release from a petroleum 

underground storage tank. This rule change is necessary in order to enact the requirements of G.S. 143-215. 94V. Other 

amendments to this rule are intended to assure that state trust fund reimbursements are continued for sites that have the 

greatest risk and to reduce the demand on trust funds. 

15A NCAC 2P .0402 - clarifies which costs will not be reimbursed and how the Department will determine which costs are 

reasonable and necessary. This change will enable the Division to more effectively prioritize reimbursements from the trust 

funds based on the degree of risk from a release of petroleum. 

Comment Procedures: All persons interested in this matter are encouraged to submit written comments or questions to 
David Hance, EHNR-DEM: Groundwater Section, PO Box 29578, Raleigh, NC 27626-0578. Comments will be accepted 
by the agency through March 4, 1996. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2L - GROUNDWATER CLASSIFICATION AND STANDARDS 

SECTION .0100 - GENERAL CONSIDERATIONS 

.0106 CORRECTIVE ACTION 

(a) Where groundwater quality has been degraded, the goal of any required corrective action shall be restoration to the 
level of the standards, or as closely thereto as is economically and technologically feasible. In all cases involving requests 
to the Director for approval of corrective action plans, or termination of corrective action, the responsibility for providing 
all information required by this Rule lies with the person(s) making the request. 

(b) Any person conducting or controlling an activity which results in the discharge of a waste or hazardous substance or 
oil to the groundwaters of the State, or in proximity thereto, shall take immediate action to terminate and control the 
discharge, mitigate any hazards resulting from exposure to the pollutants and notify the Division of the discharge. 

(c) Any person conducting or controlling an activity which has not been permitted by the Division and which results in 
an increase in the concentration of a substance in excess of the standard, other than agricultural operations, shall: 

(1) immediately notify the Division of the activity that has resulted in the increase and the contaminant concentration 
levels; 

(2) take immediate action to eliminate the source or sources of contamination; 

(3) submit a report to the Director assessing the cause, significance and extent of the violation; and 

(4) implement an approved corrective action plan for restoration of groundwater quality in accordance with a schedule 
established by the Director, or his designee. In establishing a schedule the Director, or his designee shall 
consider any reasonable schedule proposed by the person submitting the plan. A report shall be made to the 
Health Director of the county or counties in which the contamination occurs in accordance with the requirements 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2508 



TEMPORARY RULES 



of Rule .0114(a) in this Section. 

(d) Any person conducting or controlling an activity which is conducted under the authority of a permit issued by the 
Division and which results in an increase in concentration of a substance in excess of the standards: 

(1) at or beyond a review boundary, shall demonstrate, through predictive calculations or modeling, that natural site 
conditions, facility design and operational controls will prevent a violation of standards at the compliance 
boundary; or submit a plan for alteration of existing site conditions, facility design or operational controls that 
will prevent a violation at the compliance boundary, and implement that plan upon its approval by the Director, 
or his designee. 

(2) at or beyond a compliance boundary, shall assess the cause, significance and extent of the violation of standards 
and submit the results of the investigation, and a plan and proposed schedule for corrective action to the Director, 
or his designee. The permittee shall implement the plan as approved by and in accordance with a schedule 
established by the Director, or his designee. In establishing a schedule the Director, or his designee shall 
consider any reasonable schedule proposed by the permittee. 

(e) For the purposes of Paragraphs (c) and (d) of this Rule, an activity conducted under the authority of a permit issued 
by the Division, and subject to Paragraph (d) of this Rule, is one for which: 

(1) a permit has been issued pursuant to G.S. 143-215.1; 

(2) the permit was originally issued after December 30, 1983; 

(3) the substance for which a standard has been exceeded outside the compliance boundary has been released to 
groundwater as a result of the permitted activity; 

(4) all other activities shall for the purpose of this Rule be deemed not permitted by the Division and subject to the 
provisions of Paragraph (c) of this Rule. 

(f) Corrective action required following discovery of the unauthorized release of a contaminant to the surface or subsurface 
of the land, and prior to or concurrent with the assessment required in Paragraphs (c) and (d) of this Rule, shall include, 
but is not limited to: 

(1) Prevention of fire, explosion or the spread of noxious fumes; 

(2) Abatement, containment or control of the migration of contaminants; 

(3) Removal, or treatment and control of any primary pollution source such as buried waste, waste stockpiles or 
surficial accumulations of free products; 

(4) Removal, treatment or control of secondary pollution sources which would be potential continuing sources of 
pollutants to the groundwaters such as contaminated soils and non-aqueous phase liquids. Contaminated soils 
which threaten the quality of groundwaters must be treated, contained or disposed of in accordance with 
applicable rules and procedures established by the Division. The treatment or disposal of contaminated soils shall 
be conducted in a manner that will not result in a violation of standards or North Carolina Hazardous Waste 
Management rules. 

(g) The site assessment conducted pursuant to the requirements of Paragraph (c) of this Rule, shall include: 

(1) The source and cause of contamination; 

(2) Any imminent hazards to public health and safety and actions taken to mitigate them in accordance with 
Paragraph (f) of this Rule; 

(3) All receptors and significant exposure pathways; 

(4) The horizontal and vertical extent of soil and groundwater contamination and all significant factors affecting 
contaminant transport; and 

(5) Geological and hydrogeological features influencing the movement, chemical, and physical character of the 
contaminants. 

Reports of site assessments shall be submitted to the Division as soon as practicable or in accordance with a schedule 
established by the Director, or his designee. In establishing a schedule the Director, or his designee shall consider any 
reasonable proposal by the person submitting the report. 

(h) Corrective action plans for restoration of groundwater quality, submitted pursuant to Paragraphs (c) and (d) of this Rule 
shall include: 

(1) A description of the proposed corrective action and reasons for its selection. 

(2) Specific plans, including engineering details where applicable, for restoring groundwater quality. 

(3) A schedule for the implementation and operation of the proposed plan. 

(4) A monitoring plan for evaluating the effectiveness of the proposed corrective action and the movement of the 
contaminant plume. 

(i) In the evaluation of corrective action plans, the Director, or his designee shall consider the extent of any violations, 
the extent of any threat to human health or safety, the extent of damage or potential adverse impact to the environment, 
technology available to accomplish restoration, the potential for degradation of the contaminants in the environment, the time 
and costs estimated to achieve groundwater quality restoration, and the public and economic benefits to be derived from 



2509 NORTH CAROLINA REGISTER January 2, 1996 10:19 



( 



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TEMPORARY RULES 



groundwater quality restoration. 

(j) A corrective action plan prepared pursuant to Paragraph (c) or (d) of this Rule must be implemented using the best 
available technology for restoration of groundwater quality to the level of the standards, except as provided in Paragraphs 
(k), (1), and (m) (m), (rj and (s) of this Rule. 

(k) Any person required to implement an approved corrective action plan for a non-permitted site pursuant to this Rule 
may request that the Director approve such a plan without requiring groundwater remediation to the standards. A request 
submitted to the Director under this Paragraph shall include a description of site specific conditions, including information 
on the availability of public water supplies for the affected area; the technical basis for the request; and any other information 
requested by the Director to thoroughly evaluate the request. In addition, the person making the request must demonstrate 
to the satisfaction of the Director: 

(1) that all sources of contamination and free product have been removed or controlled pursuant to Paragraph (f) of 
this Rule; 

(2) that the time and direction of contaminant travel can be predicted with reasonable certainty; 

(3) that contaminants have not and will not migrate onto adjacent properties, or that: 

(A) such properties are served by an existing public water supply system dependent on surface waters or 
hydraulically isolated groundwater, or 

(B) the owners of such properties have consented in writing to the request; 

(4) that the standards specified in Rule .0202 of this Subchapter will be met at a location no closer than one year time 
of travel upgradient of an existing or foreseeable receptor, based on travel time and the natural attenuation 
capacity of subsurface materials or on a physical barrier to groundwater migration that exists or will be installed 
by the person making the request; 

(5) that, if the contaminant plume is expected to intercept surface waters, the groundwater discharge will not possess 
contaminant concentrations that would result in violations of standards for surface waters contained in 15A NCAC 
2B .0200; 

(6) that public notice of the request has been provided in accordance with Rule .01 14(b) of this Section; 

(7) that the proposed corrective action plan would be consistent with all other environmental laws. 

(1) Any person required to implement an approved corrective action plan for a non-permitted site pursuant to this Rule 
may request that the Director approve such a plan based upon natural processes of degradation and attenuation of 
contaminants. A request submitted to the Director under this Paragraph shall include a description of site specific conditions, 
including written documentation of projected groundwater use in the contaminated area based on current state or local 
government planning efforts; the technical basis for the request; and any other information requested by the Director to 
thoroughly evaluate the request. In addition, the person making the request must demonstrate to the satisfaction of the 
Director: 

(1) that all sources of contamination and free product have been removed or controlled pursuant to Paragraph (f) of 
this Rule; 

(2) that the contaminant has the capacity to degrade or attenuate under the site-specific conditions; 

(3) that the time and direction of contaminant travel can be predicted with reasonable certainty; 

(4) that contaminant migration will not result in any violation of applicable groundwater standards at any existing 
or foreseeable receptor; 

(5) that contaminants have not and will not migrate onto adjacent properties, or that: 

(A) such properties are served by an existing public water supply system dependent on surface waters or 
hydraulically isolated groundwater, or 

(B) the owners of such properties have consented in writing to the request; 

(6) that, if the contaminant plume is expected to intercept surface waters, the groundwater discharge will not possess 
contaminant concentrations that would result in violations of standards for surface waters contained in 15 A NCAC 
2B .0200; 

(7) that the person making the request will put in place a groundwater monitoring program sufficient to track the 
degradation and attenuation of contaminants and contaminant by-products within and down gradient of the plume 
and to detect contaminants and contaminant by-products prior to their reaching any existing or foreseeable 
receptor at least one year's time of travel upgradient of the receptor and no greater than the distance the 
groundwater at the contaminated site is predicted to travel in five years; 

(8) that all necessary access agreements needed to monitor groundwater quality pursuant to Subparagraph (7) of this 
Paragraph have been or can be obtained; 

(9) that public notice of the request has been provided in accordance with Rule .01 14(b) of this Section; and 
(10) that the proposed corrective action plan would be consistent with all other environmental laws. 

(m) The Division or any person required to implement an approved corrective action plan for a non-permitted site pursuant 
to this Rule may request that the Director approve termination of corrective action. 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2510 



TEMPORARY RULES 



(1) A request submitted to the Director under this Paragraph shall include: 

(A) a discussion of the duration of the corrective action, the total project's cost, projected annual cost for 
continuance and evaluation of the success of the corrective action; 

(B) an evaluation of alternate treatment technologies which could result in further reduction of contaminant levels 
projected capital and annual operating costs for each technology; 

(C) effects, including health and safety impacts, on groundwater users if contaminant levels remain at levels existing 
at the time corrective action is terminated; and 

(D) any other information requested by the Director to thoroughly evaluate the request. 

(2) In addition, the person making the request must demonstrate to the satisfaction of the Director: 

(A) that continuation of corrective action would not result in a significant reduction in the concentration of 
contaminants (At a minimum this demonstration must show the duration and degree of success of existing 
remedial efforts to attain standards and include a showing that the asymptotic slope of the contaminants curve 
of decontamination is less than a ratio of 1:40 over a term of one year based on quarterly sampling); 

(B) that contaminants have not and will not migrate onto adjacent properties, or that: 

(i) such properties are served by an existing public water supply system dependent on surface waters or 

hydraulically isolated groundwater, or 
(ii) the owners of such properties have consented in wnting to the request; 

(C) that, if the contaminant plumes expected to intercept surface waters, the groundwater discharge will not possess 
contaminant concentrations that would result in violations of standards for surface waters contained in 15 A 
NCAC 2B .0200; 

(D) that public notice of the request has been provided in accordance with Rule .0114(b) of this Section; and 

(E) that the proposed termination would be consistent with all other environmental laws. 

(3) The Director shall not authorize termination of corrective action for any area that, at the time the request is made, 
has been identified by a state or local groundwater use planning process for resource development. 

(4) The Director may authorize the termination of corrective action, or amend the corrective action plan after 
considering all the information in the request. Upon termination of corrective action, the Director shall required 
implementation of a groundwater monitoring program sufficient to track the degradation and attenuation of 
contaminants at a location of at least one year's predicted time of travel upgradient of any existing or foreseeable 
receptor. The monitoring program shall remain in effect until there is sufficient evidence that the contaminant 
concentrations have been reduced to the level of the standards. 

(n) Upon a determination by the Director that continued corrective action would result in no significant reduction in 
contaminant concentrations, and the contaminated groundwaters can be rendered potable by treatment using readily available 
and economically reasonable technologies, the Director may designate the remaining area of degraded groundwater RS. 
Where the remaining degraded groundwaters cannot be made potable by such treatment, the Director may consider a request 
for reclassification of the groundwater to a GC classification as outlined in Rule .0201 of this Subchapter. 

(o) If at any time the Director determines that a new technology is available that would remediate the contaminated 
groundwater to the standards specified in Rule .0202 of this Subchapter, the Director may require the responsible party to 
evaluate the economic and technological feasibility of implementing the new technology in an active groundwater corrective 
action plan in accordance with a schedule established by the Director. The Director's determination to utilize new technology 
at any site or for any particular constituent shall include a consideration of the factors in Paragraph (h) of this Rule. 

(p) Where standards are exceeded as a result of the application of pesticides or other agricultural chemicals, the Director 
shall request the Pesticide Board or the Department of Agriculture to assist the Division of Environmental Management in 
determining the cause of the violation. If the violation is determined to have resulted from the use of pesticides, the Director 
shall request the Pesticide Board to take appropriate regulatory action to control the use of the chemical or chemicals 
responsible for, or contributing to, such violations, or to discontinue their use. 

(q) The approval pursuant to this Rule of any corrective action plan, or modification or termination thereof, which permits 
the migration of a contaminant onto adjacent property, shall not affect any private right of action by any party which may 
be effected by that contamination. 

(r) If the increase in the concentration of a substance in excess of the standard resulted in whole or in part from a release 
from a commercial or noncommercial underground storage tank as defined in G.S. 143-215. 94A, any person required to 
im plement an approved corrective action plan pursuant to this Rule and seeking reimbursement for the Commercial or 
Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds shall implement a corrective action plan 
meeting the requirements of Paragraphs (k) or (JQ of this Rule unless such a person demonstrates to the Director that: 

(1) contamination resulting from the discharge cannot qualify for approval of a plan based on the requirements of 
the Paragraphs; or 

(2) the cost of making such a demonstration would exceed the cost of implementing a corrective action plan submitted 
pursuant to Paragraph (c) of this Rule. 



2511 NORTH CAROLINA REGISTER January 2, 1996 10:19 



TEMPORARY RULES 



(s) If the increase in the concentration of a substance in excess of the standard resulted in whole or in part from a release 
from a commercial or noncommercial underground storage tank as defined in G.S. 143-215.94A, the Director may require 
any person implementing or operating a previously approved corrective action plan pursuant to this Rule to: 

(1) develop and implement a corrective action plan meeting the re quirements of Paragraphs (k) and (1) of this Rule; 
or 

(2) seek discontinuance of corrective action pursuant to Paragraph (m) of this Rule. 

History Note: Authority G.S. 143-215.2; 143-215. 3(a)(1); 143-215.94A; 143-215. 94V; 143B-282; 
Eff. August 1, 1989; 

Amended Eff. October 1, 1993; September 1, 1992; 
Temporary Amendment Eff. January 2, 1996. 

SUBCHAPTER 2P - LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUNDS 

SECTION .0400 - REIMBURSEMENT PROCEDURE 

.0402 CLEANUP COSTS 

(a) In determining whether costs expended by an owner or operator or landowner are reasonable and necessary, the 
Division shall consider the following: 

(1) Adequacy and cost-effectiveness of any work performed and technical activity utilized by the owner or operator 
or landowner in performing release response, site assessment and corrective action. 

(2) Typical billing rates of engineering, geological, or other environmental consulting firms providing similar services 
in the State as determined by the Division. 

(3) Typical rental rates for any necessary equipment as determined by the Division. The amount reimbursed for 
equipment rental shall not exceed the typical purchase price of such equipment. 

(4) Typical costs or rates of any other necessary service, labor or expense as determined by the Division. 

(5) Whether costs expended for corrective action were required by 15A NCAC 2L .0106. 

(b) Expenditures not eligible for reimbursement shall include the following: 

(1) Costs of the removal and disposal of noncommercial underground storage tanks and contents removed on or after 
July 3, 1991, and of commercial underground storage tanks and contents removed on or after January 1, 1992; 

(2) Costs of the replacement of any underground storage tank, piping, fitting, or ancillary equipment; 

(3) Costs incurred in preparation of any proposals or bid by a provider of service for the purpose of soliciting or 
bidding for the opportunity to perform an environmental investigation or cleanup, even if that provider is 
ultimately selected to provide the service solicited; 

(4) Interest on any accounts, loans, etc.; 

(5) Expenses charged by the owner or operator or landowner in the processing and management of a reimbursement 
application or subsequent claims; 

(6) Attorney's fees; 

(7) Penalties, fees, and fines assessed by any court or agency; 

(8) Loss of profits, fees, and wages incurred by the owner or operator or landowner; 

(9) Any other expenses not specifically related to environmental cleanup, or implementation of a cost effective 
environmental cleanup, or third party bodily injury or property damage. 

History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94D; 143-215. 94E; 143-215. 94L; 143-215. 94T; 
143-21 5. 94V; 143B-282; 
Eff. February 1, 1993; 
Amended Eff. September 1 , 1993; 
Temporary Amendment Eff. January 2, 1996. 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2512 



RULES REVIEW COMMISSION 



1 his Section contains a listing of the rules that RRC has objected to in accordance with G.S. 150B-2 1.9(a). State 
agencies are required to respond to RRC objections as provided in G.S. 150B-21. 12(a). 



RULES REVIEW OBJECTIONS 



AGRICULTURE 

Structural Pest Control Division 

2 NCAC 34 .0904 - Prohibited Acts 
Agency Revised Rule 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3C .3001 - Definitions 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 

Agency Re\ised Rule 
10 NCAC 3C .3205 - Discfiarge of Minor or Incompetent 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3704 - Status 

No Response from Agency 

Agency Rexised Rule 
10 NCAC 3C .3902 - Manager 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3904 - Patient Access 

No Response from Agency 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
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Obj. Removed 
RRC Objection 
Obj. Cont'd 
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RRC Objection 
Obj. Cont'd 
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RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



Eff. 



10/18/95 
10/18/95 



Eff. 



RRC Objection 
Obj. Cont'd 



07/13/95 
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09121195 
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09/21/95 



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January 2, 1996 



10:19 



RULES REVIEW COMMISSION 



# 







# 



Agency Revised Rule 
10 NCAC 3C .4003 - Policies and Procedures 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4102 - Classification of Optional Emergency Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4104 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4203 - Nursing Staff 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4303 - Nursing Services Maternal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4401 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C . 4502 - Pharmacist 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C . 4508 - Space 

RRC Rescinded its July Approval 

Rule Withdrawn by Agency 
10 NCAC 3C .4512 - Medications Dispensed 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4702 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4703 - Sanitation and Safety 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4704 - Distribution of Food 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C . 4801 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4905 - Tissue Removal and Disposal 



Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 



Eff 



10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
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January 2, 1996 



2514 



RULES REVIEW COMMISSION 



No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5205 - Seclusion 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5315 - Dental Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5325 - Ventilator Dependence 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5501 - Definitions 

No Response from Agency 



Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
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RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Eff 



Eff. 



09/21/95 
10/18/95 
07/13/95 
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10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09121195 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 



I 



( 



2515 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



RULES REVIEW COMMISSION 



# 







# 



Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C . 6102 - List of Referenced Codes and Standards 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C . 6208 - Obstetrical Department Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2001 - Definitions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2202 - Admissions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2203 - Patients Not to be Admitted 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2206 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2209 - Infection Control 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2212 - Quality Assurance Committee 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2301 - Patient Assessment and Care Planning 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2302 - Nursing Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



10118195 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2516 



RULES REVIEW COMMISSION 



10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2401 - Maintenance of Medical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2501 - Availability of Physician's Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency- 
Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 

Agency Re\>ised Rule 
10 NCAC 3H .2605 - Drug Storage and Disposition 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H . 2606 - Pharmaceutical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2801 - Activity Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2802 - Social Services 

No Response from Agency- 
Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3003 - Ventilator Dependence 

No Response from Agency 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



07/13/95 
09121195 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 



i 



2517 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



RULES REVIEW COMMISSION 



• 







# 



Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3011 - HTV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3012 - Physician Services in an HTV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3015 - Use of Investigational Drugs for HIV Designated Units 

No Response from Agency 

Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3016 - Additional Social Work Req. for HTV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3103 -Site 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3201 - Required Spaces 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3401 - Heating and Air Conditioning 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3404 - Other 

No Response from Agency 

Agency Revised Rule 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Eff 



Eff 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 



RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 
10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 - .0307, .0401 - .0407, .0501 



.0505, .0601 - .0604, 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2518 



RULES REVIEW COMMISSION 



.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - .1102, .1201 - 
.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, .1801 - .1805, .2101 - .2105. 
No Response from Agency 



. 1204, . 1301 - . 1303, . 1401 



10 NCAC 3C . 1901 - . 1912, . 1915 
No Response from Agency- 
Rules Returned to Agency 

10 NCAC 3H .0108 - .0109, .0206 

.0705 - .0712, .0810 - .0812, .0903 



.1932, .2001 - .2008, .2020 - .2033 



0220, .0306 - .0318, .0407 - .0409, .0505 - .0507, 
0911, .1003 - .1008, .1105 - .1109, .1130 - .1136, 
1210, .1306- .1308, .1405 - .1406, .1408- .1410, .1501 - .1503, .1612 - .1613, .1703 
No Response from Agency 



10 NCAC 3L 


.0901 


10 NCAC 3L 


.1004 


10 NCAC 3L 


.1102 


10 NCAC 3L 


.1103 


10 NCAC 3L 


.1105 


10 NCAC 3L 


.1106 


10 NCAC 3L 


.1108 


10 NCAC 3L 


.1109 


10 NCAC 3L 


.1110 


10 NCAC 3L 


.1202 


10 NCAC 3L 


.1402 



Definitions 

Evaluation 

Nursing Services and Duties 

Physical Therapy Services 

Occupational Therapy Services 

Medical Social Work Services 

Infusion Nursing Services 

Clinical Respiratory Svcs, Including Pulmonary , or Ventilation Svcs 

Sup\n/Competency/ln-Home Aides/Other In-Home Care Providers 

Case Review and Plan of Care 

Content of Record 



Medical Assistance 



10 NCAC 261 .0101 - Purpose and Scope 

Rule Returned to Agency 
10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0103 - Time Limits on Requests for Recipient/Applicant Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0106 - Payment Pending Appeals 

Rule Returned to Agency 
10 NCAC 261 .0107 - Dismissal of Appeal 

Agency Revised Rule 

JUSTICE 

N.C. Sheriffs' Education and Training Standards Commission 

12 NCAC 10B .0102 - Purpose 

Agency Repealed Rule 
12 NCAC 10B .0503 - Time Req/Completion/Basic Law Enforcement Training Course 

Agency Revised Rule 
12 NCAC 10B .0602 - Time Req/Completioni '/Jailer Cert Training Course 

Agency Revised Rule 
12 NCAC 10B .0605 - Completion of Jailer Certification Course 

Agency Revised Rule 
12 NCAC 10B .0704 - Responsibilities: School Directors 

Agency Revised Rule 

LICENSCNG BOARDS AND COMMISSIONS 



Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 

.0510- .0517, 
.1150- .1163, 
- .1704, .1804- 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



09/21/95 

10/18/95 

07/13/95 

09/21/95 

10/18/95 

0605 - .0609, 

1204 - . 1208, 

. 1807. 

09/21/95 
10/18/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 
11/16/95 



RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Removed 


10/18/95 



RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



Acupuncture Licensing Board 

21 NCAC 1 .0501 - Qualifications for Establishing a School for Acupuncture in N.C. RRC Objection 11/16/95 



2519 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



RULES REVIEW COMMISSION 



Agency Revised Rule 

Board of Architecture 

21 NCAC 2 .0302 - Written Examination 
Agency Revised Rule 

Board of Medical Examiners 

21 NCAC 32M .0006 - Prescribing Privileges 

Agency Revised Rule 
21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 

Board of Nursing 

21 NCAC 36 .0403 - Qualifications 

Agency Revised Rule 
21 NCAC 36 .0404 - Registration 

Agency Revised Rule 
21 NCAC 36 .0405 - Approval of Nurse Aide Education Programs 

Agency Revised Rule 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6D .0106 - Limited English Proficiency Programs 
Rule Withdrawn by Agency 

SECRETARY OF STATE 

Securities Division 

18 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 . 1314 - Escrow Agreements 

Rule Returned to Agency 
18 NCAC 6 . 1401 - Application for Registration of Dealers 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 .1702 - Application for Investment Adviser Registration 

Agency Revised Rule 

Rule Returned to Agency 

STATE PERSONNEL 
Office of State Personnel 

25 NCAC U .0505 - Leave to Prepare Grievance 

Agency Revised Rule 
25 NCAC U .0509 - Agency Grievance Reports 

Agency Revised Rule 
25 NCAC 1J .0802 - Awards Committee 

Agency Revised Rule 
25 NCAC IK .0318 - Tax Status 



Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



10/18/95 



RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 



RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


' Objection 


11/16/95 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2520 



RULES REVIEW COMMISSION 



Agency Revised Rule 
25 NCAC IK .0705 - Program Participation 

Agency Revised Rule 
25 NCAC 1L .0104 - Program Implementation: Department and University Level 

Agency Revised Rule 
25 NCAC 1L .0106 - Compliance Information 

Agency Repealed Rule 



Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



( 



< 



( 



2521 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



Division of Purchase and Contract 

S enter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Phipps 
Div. of Purchase & Contract, et al. 



03/06/95 
06/13/95 



State Construction Office 

W. M. Piatt &. Company v. State Construction Office, DOA 94 DOA 0738 Nesnow 04/11/95 10:03 NCR 221 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 06/01/95 10:07 NCR 619 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert LouiB Reese v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v. Thomas Henry Dodson 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
an J 
City of Raleigh 
Ali Mohamed Ahmed v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R. Hill v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. 
Collie Hawkins v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club 
Alcoholic Beverage Control Commission v. Lebby Rhew Allen 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 
Mustafa Yacoub Salameh v. Alcoholic Beverage Control Commission 
John Edsel Rhodes v. Alcoholic Beverage Control Commission 
Sadiq Deeb Ali, Patricia Billings v. Alcoholic Beverage Control Comm. 
Samih Atieh Hadi v. Alcoholic Beverage Control Commission 



94 ABC 0526 


Chess 


05/16/95 




94 ABC 0787 


Gray 


03/17/95 




94 ABC 1046 


Chess 


08/17/95 




94 ABC 1168 


Becton 


03/07/95 




94 ABC 1661 


West 


05/01/95 




94 ABC 1682 


Chess 


05/03/95 




94 ABC 1694 


Mann 


03/29/95 




94 ABC 1727 


Morrison 


05/18/95 




94 ABC 1729 


Chess 


05/11/95 




94 ABC 1754* 12 


Mann 


08/02/95 


10:11 NCR 960 


94 ABC 1784 


Mann 


04/19/95 




94 ABC 1803 


Mann 


04/07/95 




95 ABC 0068 


West 


06/07/95 




95 ABC 0074 


Chess 


05/25/95 




95 ABC 0095 


Phipps 


12/01/95 




95 ABC 0210 


Gray 


05/01/95 




95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 417 


95 ABC 0323 


Phipps 


08/02/95 




95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 868 


95 ABC 0434 


West 


07/20/95 




95 ABC 0477 


Phipps 


07/14/95 




95 ABC 0487 


Gray 


10/03/95 




95 ABC 0518* u 


Mann 


08/02/95 


10:11 NCR 960 


95 ABC 0617 


Morrison 


09/08/95 




95 ABC 0678 


Gray 


10/30/95 




95 ABC 0696 


Gray 


10/06/95 




95 ABC 0711 


Phipps 


09/14/95 




95 ABC 0712 


Gray 


10/04/95 




95 ABC 0713 


Phipps 


09/14/95 




95 ABC 0763 


Gray 


12/01/95 




95 ABC 0792 


Nesnow 


10/25/95 




95 ABC 0830 


Becton 


11/29/95 




95 ABC 0867 


Gray 


12/14/95 





BOARD OF CHIROPRACTIC EXAMINERS 



Robert J. Manna, D.C. v. Board of Chiropractic Examiners 



95 BOC 1105 



West 



10/20/95 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2522 



CONTESTED CASE DECISIONS 



AGENCY 



CRIME CONTROL AND PUBLIC SAFETY 



Patrick O. Hawkins v. Office of Administrative Hearings 



CASE 
NUMBER 



95 CPS 0361 



ALJ 



Phipps 



DATE OF 
DECISION 



08/01/95 



PUBLISHED DECISION 
REGISTER CITATION 



C 



Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 94 CPS 0237 Morrison 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 94 CPS 0445* 4 West 

Phyllis H. Steinmetz v. Crime Victims Compensation Commission 94 CPS 0542 West 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comra. 94 CPS 1177 Mann 

Wayne L. Utley v. Crime Victims Compensation Commission 94 CPS 1180 Becton 

Sandra H. Hughes v. Victims Compensation Commission 94 CPS 1600 Morrison 

Kristine S. Ray v. Crime Victims Compensation Commission 94 CPS 1673 Chess 

Shirley Moody Myers v. Crime Victims Compensation Commission 94 CPS 1674 Chess 

Thomasine Inman v. Crime Victims Compensation Commission 94 CPS 1731 Nesnow 

Irmgard Gordos v. Crime Victims Compensation Commission 94 CPS 1782 Gray 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 95 CPS 0010** West 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 95 CPS 0012 West 

Anthony Harold Stone v. Crime Victims Compensation Commission 95 CPS 0115 Chess 

Howard B. Peterson v. Crime Victims Compensation Commission 95 CPS 0163 Reilly 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm.95 CPS 0181 West 

Lynn H. Henderson v. CPS, Victims Compensation Commission 95 CPS 0212 Morrison 

Larusha Bey v. Crime Victims Compensation Commission 95 CPS 0245 Reilly 

Percible Gaston v. Crime Victims Compensation Commission 95 CPS 0270 Gray 

Horton Edward v. Crime Victims Compensation Commission 95 CPS 0331 Phipps 

David Leo Rice v. CPS, Crime Victims Compensation Commission 95 CPS 0335 Morrison 

Janet Ring Stevens v. Crime Victims Compensation Commission 95 CPS 0337 Gray 

Michael A. Herd v. Crime Victims Compensation Commission 95 CPS 0349 Chess 

Juan Aguilar v. Crime Victims Compensation Commission 95 CPS 0356 Reilly 

Albert Lionell Meadows v. Crime Victims Compensation Commission 95 CPS 0373 Gray 

John Kuwalik v. Crime Victims Compensation Commission 95 CPS 0381 Beeton 

Sandra Jones v. Crime Victims Compensation Commission 95 CPS 0427 Nesnow 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 95 CPS 0456 Phipps 

James T. Todd v. Crime Victims Compensation Commission 95 CPS 0459 Nesnow 

Mark Edward Altman v. CPS, Crime Victims Compensation Commission 95 CPS 0461 West 

Fred McMillan v. Victims Compensation Commission 95 CPS 0481 Phipps 

Brandi Faith Blalock, Dorothy Smith Blalock v. Crime Vic Comp Comm. 95 CPS 0540 Phipps 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 95 CPS 0568 Phipps 

Diane B. Commander v. Crime Victims Compensation Commission 95 CPS 0591 Nesnow 

Danny Ray Bell v. Crime Victims Compensation Commission 95 CPS 0737 Reilly 

Margie Lunsford v. Cnme Victims Compensation Commission 95 CPS 0779 Becton 

Donald Ray Williams v. Crime Victims Compensation Commission 95 CPS 0788 Nesnow 

Jill M. LaSanta v. Crime Victims Compensation Commission 95 CPS 1029 Reilly 

Melia Ann Adkins Stopa v. Crime Victims Compensation Commission 95 CPS 1185 Nesnow 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 
05/30/95 
03/22/95 
08/22/95 
07/06/95 
06/21/95 
05/08/95 
06/02/95 
06/13/95 
07/25/95 
09/15/95 
07/21/95 
08/15/95 
06/22/95 
09/27/95 
07/10/95 
06/02/95 
09/29/95 
09/26/95 
07/25/95 
10/12/95 
10/10/95 
08/09/95 
10/19/95 
09/11/95 
09/19/95 
11/17/95 
10/25/95 
12/05/95 



10:02 NCR 176 



10:15 NCR 1624 



10:15 NCR 1628 



t 



BOARD OF ELECTROLYSIS EXAMINERS 



Diane Rawls v. North Carolina Board of Electrolysis Examiners 
ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 



95 BEE 0173 



West 



08/03/95 



James J. Collins, Admin, for James Joseph Collins, ME-91-1173, 

Deceased v. Environment, Health, & Natural Resources 
Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. &. Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris lnd. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 
v. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 
Bruce Wike v. Environment, Health, & Natural Resources 



92 EHR 0300 


Nesnow 


12/15/95 


10:19 NCR 2539 


94 EHR 0950 


Gray 


05/23/95 


10:06 NCR 414 


94 EHR 1676 


Nesnow 


03/09/95 




94 EHR 1756 


Becton 


06/30/95 


10:08 NCR 696 


95 EHR 0016 


Phipps 


11/03/95 


10:17 NCR 2279 


95 EHR 0506 


West 


06/13/95 





95 EHR 0560 



West 



11/15/95 



( 



2523 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 EHR 0075 



95 EHR 0009 



95 EHR 0140 



94 EHR 1037 Chess 



Carteret County Health Department 

Elmer & Pandora Edwards v. Carteret County Health Department 

Coastal Resources 

William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Coram, EHNR 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 

Environmental Health 

EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 

Division of Environmental Health 
Jerry C. Owens v. District Health Department, EHNR 
Kenith & Shirley L. Barrett v. Montgomery Cty Hlth Dept, Env. Health 

Environmental Management 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 
Rodney Brent Becker, et al. v. Div. of Environmental Mgmt, EHNR 
and 
Federal Paper Board Company, Inc. 
Burke Oil Company v. EHNR, Division of Environmental Management 
Minnie Kelly Hunt; William Hunt; Sunset Beach Taxpayers Assoc. & NC 
Coastal Federation v. Environment, Health, and Natural Resources 

and 
South Brunswick Water & Sewer Auth.; Brunswick County; Town of 
Calabash; and Town of Sunset Beach 



Division of Epidemiology 

Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 95 EHR 0059 

Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 94 EHR 0924 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 

Maternal and Child Health 



Nesnow 



Chess 



Phipps 



Reilly 



Gray 



Nesnow 



94 EHR 1786 Chess 



10/24/95 



06/13/95 



03/22/95 



03/13/95 



94 EHR 0745 


Chess 


04/24/95 


95 EHR 0649 


Reilly 


12/08/95 


95 EHR 0736 


Gray 


12/13/95 



91 EHR 1179* 5 


West 


05/30/95 


92 EHR 0021-' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273* 3 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 


95 EHR 0390 


Chess 


11/20/95 


95 EHR 0616 


West 


12/13/95 


95 EHR 0828 


West 


12/14/95 



Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 94 EHR 0288 Gray 

Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 94 EHR 1601 Chess 



10/30/95 



03/09/95 



03/27/95 



05/22/95 



05/22/95 
05/01/95 



10:02 NCR 185 



% Consolidated cases. 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2524 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 94 EHR 1711 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 94 EHR 1777 

Food City, Inc. v. Dept of Environment, Health, & Natural Resources 95 EHR 0372 
Cameron Brian White v. EHNR, Maternal &. Child Health, Nutrition Svcs. 95 EHR 0687 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 95 EHR 0706* u 

Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs. 95 EHR 0853 

Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 95 EHR 0869 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 95 EHR 0874*° 

Kenneth Callicutt, Seagrove Grocery v. Nutrition Services Section 95 EHR 0878 

Donnie Blalock v. EHNR. Maternal & Child Health, Nutrition Svcs. 95 EHR 0892 



Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 
Tony P. Moore v. EHNR, &. Pitt County Public Health Center 

Division of Solid Waste Management 



94 EHR 1043 

95 EHR 0537 



ALJ 



Chess 

Chess 

Reilly 

Nesnow 

Reilly 

Gray 

Bee ton 

Reilly 

Chess 

Gray 



New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 Morrison 
Pitt County Public Health Center 



Gray 
Reilly 



95 DHR 0216 


Reilly 


06/02/95 


95 DHR 0366 


Reilly 


07/19/95 


95 DHR 0507 


West 


10/18/95 



Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 92 EHR 1028 Phipps 

Joyce Hildreth v. EHNR, Division of Solid Waste Management 95 EHR 0851 Morrison 

Wayne County Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 Phipps 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 Chess 

HUMAN RESOURCES 



Veronica Spearman, John P. Spearman v. Dept. of Human Resources 
Sandra Jean Taylor v. Department of Human Resources 
Claudia Toriola v. Department of Human Resources 

Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 

Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources 

Willie &. Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Hill Street Day Care Center v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Dallas & Friends Daycare Home, Sandra Severt v. DHR, Div. Child Dev. 

Lana S. Grant, Little Ranchers Daycare v. DHR, Div. of Child Dev. 

Division of Facility Services 

William H. Cooke v. DHR, Division of Facility Services 

Mildred Reeee, Calvin Recce v. DHR, Division of Facility Services 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenda I. McAllister v. DHR, Division of Facility Services 
Henry Brown, Sr. v. Department of Human Resources 



94 DHR 0849 


Mann 


94 DHR 1362 


Becton 


94 DHR 1617 


Gray 


94 DHR 1631 


Reilly 


94 DHR 1771 


Reilly 


95 DHR 0268 


Morrison 


95 DHR 0293 


Phipps 


95 DHR 0315 


West 


95 DHR 0407 


Chess 


95 DHR 0450 


Phipps 


95 DHR 0633 


Chess 


95 DHR 1009 


Reilly 



DATE OF 
DECISION 



05/02/95 
03/09/95 
08/10/95 
10/19/95 
10/23/95 
10/10/95 
09/13/95 
10/23/95 
12/13/95 
09/14/95 



04/28/95 



06/27/95 
10/09/95 



09/29/95 
09/13/95 



09/27/95 



04/03/95 



PUBLISHED DECISION 
REGISTER CITATION 



03/03/95 
03/20/95 
09/13/95 
07/10/95 
03/17/95 
07/14/95 
08/08/95 
08/25/95 
10/13/95 
06/02/95 
12/05/95 
12/14/95 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 


95 DHR 0149 


West 


09/11/95 


95 DHR 0526 


Becton 


10/05/95 



t 



10:14 NCR 1410 



( 



10:13 NCR 1205 



( 



2525 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Bingo Licensure Section 



95 DHR 0040 Morrison 



The Regular Veterans Association of the United Stales and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0198* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 94 DHR 0403 Chess 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 
Gordon G. Koltis, M.D., Carolina Radiation & Cancer Treatment Center, 94 DHR 1820 Chess 

P. A., and Carolina Radiation Medicine, P. A. v. DHR, Div. of Facility 

Services, Certificate of Need Section, 
and 

Pitt County Memorial Hospital, Inc. 

Office of Emergency Medical Services 
Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 
Medical Facilities Licensure Section 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



09/25/95 



05/16/95 



10:06 NCR 409 



Shelia Marie Hall v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0307 
Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0322 
Linda Faye Taylor v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0410 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. See. 95 DHR 0413 
Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Lie. See. 95 DHR 0863 

Division of Medical Assistance 



Nesnow 


08/11/95 


Becton 


09/13/95 


Morrison 


11/09/95 


Reilly 


08/14/95 


Becton 


10/20/95 



A.S., by and through her agent and personal representative. Hank Neal 

v. DHR, Division of Medical Assistance 
D.A., by and through his agent and personal representative. Hank Neal 

v. DHR, Division of Medical Assistance 
Stephen K., & Christopher & Katina Komorek v. DHR, Med Assistance 

Division of Social Services 

Cecilia Y. Wall, William S. Wall v. Department of Human Resources 
Deborah Kirby, Leslie Salecby v. Department of Human Resources 
Sandra M. Hawkins v. DHR, Division of Social Services 
Robert A. Byers, Sharon L. Byers v. DHR, Div. of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 



93 DHR 1736 


Reilly 


05/22/95 


93 DHR 1737 


Reilly 


05/22/95 


94 DHR 1170 


Reilly 


10/18/95 



94 DHR 1627 


Morrison 


07/06/95 


94 DHR 1732 


West 


12/07/95 


95 DHR 0448 


Nesnow 


10/24/95 


95 DHR 0488 


Phipps 


10/31/95 



91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


Reilly 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE 1111 


Becton 


07/12/95 


93 CSE 1123* 5 


Reilly 


05/16/95 


93 CSE 1169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 



10:19 NCR 2550 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2526 



CONTESTED CASE DECISIONS 



a<;kmy 



Clement McMillan v. Department of Human Resources 
Herbert James Jackson IJJ v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Robert R. Thomas v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Robert Earl White v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian Eller v. Department of Human Resources 
Marvin Massey v. Department of Human Resources 
Morgan Pate, Jr. v. Department of Human Resources 
Robert E. Dudley, Sr. v. Department of Human Resources 
Julian Lattimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Wesley B. Meggs v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 
James C. Rogers v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 
Michael Leon McCain v. Department of Human Resources 
James A. Honer v. Department of Human Resources 
George C. Flowers v. Department of Human Resources 
Kendrick William Sims v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Michael W. Bowen v. Department of Human Resources 
Roderick J. Smith v. Department of Human Resources 
Richard Dill v. Department of Human Resources 
James E. Freeman v. Department of Human Resources 
Jonathan D. Cauthen v. Department of Human Resources 
Ronnie J. Goins v. Department of Human Resources 
Ted C. Jenkins v. Department of Human Resources 
Anthony J. Gibbons v. Department of Human Resources 
Robert Wilson v. Department of Human Resources 
Grant Jules Marks v. Department of Human Resources 
Aaron C. Harris v. Department of Human Resources 
Donald L. Costello Sr. v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1209 


Mann 


08/11/95 


93 CSE 


1255 


Morrison 


06/12/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1270*'° 


Becton 


07/28/95 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Becton 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 


1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Mann 


04/21/95 


93 CSE 


1566* 6 


Gray 


05/31/95 


93 CSE 


1588 


Becton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1651 


Chess 


07/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 


1016 


Nesnow 


07/21/95 


94 CSE 


1033 


Nesnow 


03/24/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1100 


Becton 


07/28/95 


94 CSE 


1101 


Becton 


04/03/95 


94 CSE 


1102 


Chess 


08/08/95 


94 CSE 


1109 


Chess 


06/28/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1125 


Mann 


10/09/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14/95 


94 CSE 


1137 


Gray 


08/09/95 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 


1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94 CSE 


1158 


Becton 


05/16/95 


94 CSE 


1160 


Mann 


08/03/95 


94 CSE 


1184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 


1192 


Nesnow 


07/21/95 


94 CSE 


1193 


Becton 


06/26/95 


94 CSE 


1195 


Mann 


03/29/95 


94 CSE 


1199 


West 


07/18/95 


94 CSE 


1213 


Chess 


06/01/95 


94 CSE 


1214 


Chess 


06/01/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1220 


Gray 


07/21/95 


94 CSE 


1222 


Morrison 


06/13/95 


94 CSE 


1225 


Reilly 


04/10/95 


94 CSE 


1228 


West 


03/17/95 



PUBLISHED DECISION 
REGISTER CITATION 



2527 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



AGENCY 



Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Amanda F. Blount v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A Card v. Department of Human Resources 

James P. Barton, ID v. Department of Human Resources 

Damn Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Carl J. McGuire v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Michael L. Franks v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1229 


West 


03/17/95 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 1236 


Mann 


06/02/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1238 


Gray 


11/14/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1245 


Morrison 


06/26/95 


94 CSE 1246 


Morrison 


06/26/95 


94 CSE 1247 


Morrison 


05/17/95 


94 CSE 1248 


Morrison 


07/11/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1250 


Morrison 


07/10/95 


94 CSE 1251 


Reilly 


05/18/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1255 


Reilly 


05/18/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1257 


Reilly 


08/11/95 


94 CSE 1258 


West 


07/21/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1267 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1273 


Beeton 


07/28/95 


94 CSE 1274 


Becton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Becton 


03/06/95 


94 CSE 1279 


Chess 


07/26/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1285 


Chess 


07/12/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1288 


Mann 


08/03/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1290 


Mann 


08/11/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1301 


Gray 


07/27/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


Morrison 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 1307 


Gray 


09/21/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Becton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 



PUBLISHED DECISION 
REGISTER CITATION 



10.19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2528 



CONTESTED CASE DECISIONS 



AGENCY 



David C. Glenn v. Department of Human Resources 
Mare F. Carboni v. Department of Human Resources 
Ivy M. Harvell v. Department of Human Resources 
Terry L. MeMillon v. Department of Human Resources 
Garry G. Hickman v. Department of Human Resources 
Willie Herring v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Jimmie E. Barnes v. Department of Human Resources 
Cecilia Carmosino v. Department of Human Resources 
Marvin F. Walker v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Richard J. Almeida v. Department of Human Resources 
Gary E. Mills v. Department of Human Resources 
Michael R. French v. Department of Human Resources 
William R. Casey v. Department of Human Resources 
John A. Jackson v. Department of Human Resources 
Michael R. Roberts v. Department of Human Resources 
Kevin R. Nienke v. Department of Human Resources 
Cleothis B. Smith v. Department of Human Resources 
Leroy Johnson Jr. v. Department of Human Resources 
James Patterson v. Department of Human Resources 
Thomas Colon v. Department of Human Resources 
Walter Swimiak Jr. v. Department of Human Resources 
Michael R. Strong v. Department of Human Resources 
Marion Rodriguez v. Department of Human Resources 
Van Edward Arrington v. Department of Human Resources 
Jerry L. White Sr. v. Department of Human Resources 
Dennis James Grimes v. Department of Human Resources 
Scott John Tozzi v. Department of Human Resources 
Wylie Norris Cooper Jr v. Department of Human Resources 
Roger A. Eaton v. Department of Human Resources 
Willie J. Flowers Jr. v. Department of Human Resources 
Jeffrey James Spence v. Department of Human Resources 
Byron C. Alston v. Department of Human Resources 
Oliver Lee Wolfe Sr. v. Department of Human Resources 
James Tracy Strickland v. Department of Human Resources 
Michael K. Reese v. Department of Human Resources 
Albert D. Johnson v. Department of Human Resources 
Johnny A. Stroud v. Department of Human Resources 
Richard G. Medford, Jr. v. Department of Human Resources 
Theresa Strader v. Department of Human Resources 
James F. Williams v. Department of Human Resources 
John Bell Shclton v. Department of Human Resources 
Kennedy C. Uzomba v. Department of Human Resources 
Marion A. Ward v. Department of Human Resources 
Robert H. Owens v. Department of Human Resources 
Samuel A. Lewis v. Department of Human Resources 
Robert Lee Wall v. Department of Human Resources 
James M. Breaden Jr. v. Department of Human Resources 
Peter G. Coley v. Department of Human Resources 
Benjamin Nuriddin v. Department of Human Resources 
Robert L. Carter v. Department of Human Resources 
Danny Columbus Baker v. Department of Human Resources 
Duke William Dupre' v. Department of Human Resources 
Audrey Jennings v. Department of Human Resources 
Robert S. Moore v. Department of Human Resources 
Michael A. Camp v. Department of Human Resources 
Martin J. Miller v. Department of Human Resources 
Steven L. Cox v. Department of Human Resources 
Michael P. Cleary v. Department of Human Resources 
Willie Cherry, Jr. v. Department of Human Resources 
Michael D. Guyther v. Department of Human Resources 
Charlie Sturdivant v. Department of Human Resources 
William V. Glennon v. Department of Human Resources 
Alaster Williams v. Department o( Human Resources 
Henry L. Gibbs v. Department of Human Resources 
Roger Gene Fehlhaber v. Department of Human Resources 
Donald Ray Solis v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1343 


Chess 


04/20/95 


94 CSE 


1344 


Chess 


06/01/95 


94 CSE 


1345 


Mann 


03/21/95 


94 CSE 


1346 


Mann 


03/21/95 


94 CSE 


1348 


Gray 


03/15/95 


94 CSE 


1350 


Morrison 


03/02/95 


94 CSE 


1351 


Morrison 


03/15/95 


94 CSE 


1352 


Reilly 


03/03/95 


94 CSE 


1354 


West 


03/17/95 


94 CSE 


1355 


West 


03/17/95 


94 CSE 


1356 


Nesnow 


10/16/95 


94 CSE 


1357 


Ncsnow 


03/15/95 


94 CSE 


1358 


Becton 


08/29/95 


94 CSE 


1359 


Becton 


03/15/95 


94 CSE 


1369 


Mann 


05/02/95 


94 CSE 


1370 


Mann 


03/07/95 


94 CSE 


1371 


Mann 


03/21/95 


94 CSE 


1372 


Gray 


07/18/95 


94 CSE 


1373 


Gray 


03/15/95 


94 CSE 


1377 


Mann 


03/31/95 


94 CSE 


1378 


Morrison 


03/15/95 


94 CSE 


1379 


Reilly 


03/15/95 


94 CSE 


1382 


West 


03/17/95 


94 CSE 


1383 


West 


07/18/95 


94 CSE 


1385 


Nesnow 


03/03/95 


94 CSE 


1386 


West 


07/18/95 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 


1391 


Mann 


08/30/95 


94 CSE 


1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 


94 CSE 


1396 


Nesnow 


03/03/95 


94 CSE 


1397 


Mann 


03/31/95 


94 CSE 


1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1413 


Gray 


06/26/95 


94 CSE 


1414 


Gray 


06/27/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1416 


Morrison 


03/21/95 


94 CSE 


1417 


Morrison 


03/21/95 


94 CSE 


1419 


Morrison 


06/26/95 


94 CSE 


1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1423 


Reilly 


06/02/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 


1425 


West 


03/31/95 


94 CSE 


1426 


West 


03/31/95 


94 CSE 


1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 


1430 


Nesnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1434 


Nesnow 


07/11/95 


94 CSE 


1435 


Becton 


03/06/95 


94 CSE 


1436 


Becton 


03/06/95 


94 CSE 


1437 


Becton 


07/28/95 


94 CSE 


1438 


Becton 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 


1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 


1449 


Nesnow 


07/26/95 



PUBLISHED DECISION 
REGISTER CITATION 



2529 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



AGENCY 



Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #1280116) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Karlyn R. Foster v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Walter E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, HI v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry GatUn v. Department of Human Resources 

Louis Cragg ID v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1450 


Gray 


06/09/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Ne8now 


03/07/95 


94 CSE 


1456 


Nesnow 


04/17/95 


94 CSE 


1457 


Nesnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 


1459 


Becton 


03/06/95 


94 CSE 


1460 


Becton 


04/07/95 


94 CSE 


1461 


Becton 


04/07/95 


94 CSE 


1462 


Becton 


04/07/95 


94 CSE 


1463 


Becton 


04/07/95 


94 CSE 


1464 


Chess 


08/15/95 


94 CSE 


1466 


Chess 


06/09/95 


94 CSE 


1468 


Chess 


07/20/95 


94 CSE 


1470 


Mann 


03/31/95 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 


1475 


Gray 


05/19/95 


94 CSE 


1476 


Morrison 


03/21/95 


94 CSE 


1477 


MornBon 


03/02/95 


94 CSE 


1478 


Morrison 


03/02/95 


94 CSE 


1479 


Morrison 


03/21/95 


94 CSE 


1480 


Reilly 


04/10/95 


94 CSE 


1481 


Reilly 


06/26/95 


94 CSE 


1482 


Reilly 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1485 


Nesnow 


07/11/95 


94 CSE 


1486 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 


94 CSE 


1488 


Becton 


07/18/95 


94 CSE 


1489 


Becton 


03/07/95 


94 CSE 


1490 


Becton 


10/12/95 


94 CSE 


1491 


Becton 


03/07/95 


94 CSE 


1492 


Becton 


04/07/95 


94 CSE 


1493 


Chess 


06/01/95 


94 CSE 


1494 


Chess 


07/12/95 


94 CSE 


1495 


Chess 


06/22/95 


94 CSE 


1496 


Chess 


06/28/95 


94 CSE 


1498 


Chess 


07/20/95 


94 CSE 


1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94 CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1504 


Gray 


06/26/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 


1512 


Gray 


04/07/95 


94 CSE 


1513 


Gray 


04/28/95 


94 CSE 


1515 


Morrison 


08/04/95 


94 CSE 


1533 


Morrison 


03/02/95 


94 CSE 


1534 


Morrison 


04/06/95 


94 CSE 


1535 


Morrison 


06/26/95 


94 CSE 


1536 


Morrison 


09/21/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


Reilly 


03/07/95 


94 CSE 


1541 


Reilly 


03/07/95 


94 CSE 


1542 


Reilly 


04/10/95 


94 CSE 


1543 


West 


03/06/95 


94 CSE 


1544 


West 


06/23/95 


94 CSE 


1545 


West 


07/18/95 


94 CSE 


1546 


West 


08/25/95 


94 CSE 


1547 


West 


07/18/95 


94 CSE 


1548 


West 


05/22/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2530 



CONTESTED CASE DECISIONS 



AGENCY 



Kevin Ervin Kelley v. Department of Human Resources 
Nathaniel Ashford v. Department of Human Resources 
Gilbert S. McLeod v. Department of Human Resources 
Ellen Downing v. Department of Human Resources 
Charles R. Hauley v. Department of Human Resources 
Michael L. Schadler v. Department of Human Resources 
Owen B. Fisher Jr. V. Department of Human Resources 
Robin Delmar Goods v. Department of Human Resources 
Julio Alvarado Jr. v. Department of Human Resources 
Thomas A. Morgan v. Department of Human Resources 
Terrence R. McLaughlin v. Department of Human Resources 
Johnnie V. Johnson v. Department of Human Resources 
Ward F. Miller v. Department of Human Resources 
Joel P. Roth V. Department of Human Resources 
Atward T. Warren v. Department of Human Resources 
Monte Harwell V. Department of Human Resources 
Albert Noah Dunlap v. Department of Human Resources 
James E. Davis v. Department of Human Resources 
Roger T. Benoy v. Department of Human Resources 
Spencer P. Johnson v. Department of Human Resources 
James A. Bryant v. Department of Human Resources 
Conrade Dunklin v. Department of Human Resources 
Kenneth J. Balfour v. Department of Human Resources 
Tony Thomas v. Department of Human Resources 
Willie A. Harris v. Department of Human Resources 
Walter T. Townsend Jr. v. Department of Human Resources 
Martin A. Greene v. Department of Human Resources 
Dennis W Nolan v. Department of Human Resources 
Roderick Odell Adams v. Department of Human Resources 
Jonathan L. Payne D V. Department of Human Resources 
Charles Scott Wilhoit v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
John Kimmons v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver ID v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Duane B. Marshburn v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
James A. Caldwell v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Rodney DC Barnes v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Darrell Wayne Sadler v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1549 


Nesnow 


06/02/95 


94 CSE 1551 


Nesnow 


07/26/95 


94 CSE 1552 


Nesnow 


09/28/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 1554 


Becton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 1569 


Chess 


03/07/95 


94 CSE 1570 


Chess 


06/28/95 


94 CSE 1571 


Chess 


04/19/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 1573 


West 


03/31/95 


94 CSE 1576 


West 


07/18/95 


94 CSE 1577 


Reilly 


04/10/95 


94 CSE 1578 


Reilly 


04/10/95 


94 CSE 1579 


Reilly 


03/03/95 


94 CSE 1580 


Reilly 


04/10/95 


94 CSE 1582 


Morrison 


04/06/95 


94 CSE 1583 


Morrison 


04/06/95 


94 CSE 1584 


Morrison 


03/07/95 


94 CSE 1585 


Morrison 


07/26/95 


94 CSE 1586 


Morrison 


04/06/95 


94 CSE 1587 


Gray 


04/28/95 


94 CSE 1588 


Gray 


08/11/95 


94 CSE 1590 


Gray 


03/31/95 


94 CSE 1591 


Gray 


04/07/95 


94 CSE 1592 


Morrison 


04/06/95 


94 CSE 1594 


Reilly 


04/21/95 


94 CSE 1595 


West 


05/08/95 


94 CSE 1596 


Nesnow 


04/17/95 


94 CSE 1608 


Maim 


03/21/95 


94 CSE 1609 


Mann 


03/13/95 


94 CSE 1610 


Chess 


06/01/95 


94 CSE 1611 


Chess 


06/09/95 


94 CSE 1612 


Chess 


07/12/95 


94 CSE 1615 


Becton 


04/07/95 


94 CSE 1616 


Becton 


07/10/95 


94 CSE 1619 


Becton 


04/07/95 


94 CSE 1621 


Becton 


04/07/95 


94 CSE 1622 


Nesnow 


07/05/95 


94 CSE 1623 


Nesnow 


04/17/95 


94 CSE 1645 


Becton 


04/25/95 


94 CSE 1646 


Chess 


06/02/95 


94 CSE 1647 


Mann 


08/03/95 


94 CSE 1648 


Gray 


03/09/95 


94 CSE 1649 


Morrison 


03/07/95 


94 CSE 1650 


Reilly 


03/07/95 


94 CSE 1651 


West 


04/07/95 


94 CSE 1652* 5 


Reilly 


05/16/95 


94 CSE 1653 


Becton 


04/07/95 


94 CSE 1654 


Chess 


07/19/95 


94 CSE 1655 


Mann 


05/22/95 


94 CSE 1656 


Gray 


03/02/95 


94 CSE 1657 


Morrison 


04/06/95 


94 CSE 1658 


Reilly 


12/12/95 


94 CSE 1677 


West 


08/10/95 


94 CSE 1678 


Becton 


07/28/95 


94 CSE 1679 


Chess 


06/28/95 


94 CSE 1680 


Mann 


11/16/95 


94 CSE 1700 


Reilly 


04/10/95 


94 CSE 1702 


Becton 


04/07/95 


94 CSE 1703 


Chess 


06/28/95 


94 CSE 1704 


Mann 


05/02/95 


94 CSE 1723 


Morrison 


12/06/95 


94 CSE 1724 


Reilly 


08/08/95 



PUBLISHED DECISION 
REGISTER CITATION 



( 



( 



2531 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



# 



I) 



# 



AGENCY 



Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gautier v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levern Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locldear v. Department of Human Resources 
Walter Swirniak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Yvonne Butler v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Robert Lee Elliott v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Larry James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Robert Lee Smith, Jr. v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 
Augusta Hepburn v. Department of Human Resources 
Kenneth Walter Dudney v. Department of Human Resources 
Michael Watts Sr. v. Department of Human Resources 
Chris Brown v. Department of Human Resources 
Kenneth Collins v. Department of Human Resources 
Walter Richardson, Jr. v. Department of Human Resources 
James M. Melvin v. Department of Human Resources 
Alvin L. Martin v. Department of Human Resources 
Kirk Shannon Baker v. Department of Human Resources 
Reginald L. Woods v. Department of Human Resources 
Willie Gadson v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Cerulean Fetherson v. Department of Human Resources 
Willie M. Herring v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1725 


West 


05/25/95 


94 CSE 1749* 10 


Becton 


07/28/95 


94 CSE 1750 


Chess 


03/21/95 


94 CSE 1759 


Nesnow 


06/09/95 


94 CSE 1766 


Chess 


03/21/95 


94 CSE 1767 


Reilly 


03/03/95 


94 CSE 1768 


Mann 


08/03/95 


94 CSE 1778 


West 


03/06/95 


94 CSE 1798 


Gray 


04/27/95 


94 CSE 1799* 6 


Gray 


05/31/95 


94 CSE 1814 


Morrison 


04/27/95 


94 CSE 1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0200 


Becton 


08/29/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 


95 CSE 0319 


Becton 


09/18/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


Phipps 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0369 


Reilly 


10/09/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 0491 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 


95 CSE 0520 


Reilly 


07/21/95 


95 CSE 0528 


West 


08/25/95 


95 CSE 0539 


Mann 


07/21/95 


95 CSE 0559 


Phipps 


07/31/95 


95 CSE 0573 


Gray 


08/28/95 


95 CSE 0575 


Morrison 


09/12/95 


95 CSE 0628 


Nesnow 


09/26/95 


95 CSE 0695 


Phipps 


08/25/95 


95 CSE 0709 


Chess 


10/27/95 


95 CSE 0710 


Chess 


09/26/95 


95 CSE 0719 


Phipps 


10/10/95 


95 CSE 0733 


Gray 


10/05/95 


95 CSE 0734 


Morrison 


10/06/95 


95 CSE 0759 


Reilly 


11/08/95 


95 CSE 0783 


Nesnow 


10/26/95 


95 CSE 0814 


Becton 


09/28/95 


95 CSE 0900 


Phipps 


11/07/95 


95 CSE 0913 


Gray 


09/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



10.19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2532 



CONTESTED CASE DECISIONS 



AGENCY 



Norman Hum v. Department of Human Resource* 
Carl Bernard Falls v. Department of Human Resources 
David C. Glenn v. Department of Human Resources 
Perrv R. Baker v. Department of Human Resources 



CASE 
NUMBER 



95 
95 
95 
95 



CSE 1160 
CSE 1183 
CSE 1225 
CSE 1299 



Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 95 DCS 0239 

Hoke County Social Senices 
Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 

Rockingham County Department of Social Senices 
Crystean Fields v. Rockingham County DSS 95 DHR 0316 

Wake Counts Social Senices 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Craig Glenn 



94 DHR 1618 



Division of Vocational Rehabilitation Service 

Marcus Bryan Sloan, JJJ v. Division of Vocational Rehabilitation Service 95 DHR 1000 

INSURANCE 



Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 
Billy Gene Campbell v. Department of Insurance 

Karen Wmgert Bunch v. Teachers' & St. Emp. Comp. Major Med Plan 
Gladys M. Dillard v. Teachers' & St. Emp. Comp. Major Med. Plan 

JUSTICE 

Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 
Malcolm K. Teague v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Ricky Dale McDevirt v. Sheriffs Ed. & Training Stds. Comm. 
Reginald Keith GofTington v. Ciminal Justice Ed. &. Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriffs Ed. &. Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. &. Training Stds. Comm. 
Marilyn Jean Britt v. Sheriffs Ed. &. Training Stds. Comm. 
Antonio Tremont Davis v. Sheriffs Ed. &. Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriffs Ed. & Training Stds. Comm 
Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Rjchard Dan Wuchte v. Criminal Justice Ed. 8c Training Stds. Comm. 
Henry Roger Judd v. Sheriffs Ed. &. Training Stds. Comm. 
Daryl Tyrone Beard v. Criminal Justice Ed. &. Training Stds. Comm. 
Jewel T. Braswell v. Criminal Justice Ed. &. Training Stds. Comm. 
George H. Powell Jr. v. Criminal Justice Ed. & Training Stds. Comm. 
Mark Jason Smith v. Sheriffs Ed. & Training Stds. Comm. 
Bryan Keith Bradley v. Sheriffs Ed. &. Training Standards Commission 
Ernie Lowery v. Criminal Justice Ed. &. Training Standards Commission 
Jeffrey Andre Jenkins v. Criminal Justice Ed. ic Training Stds. Comm 



ALJ 



West 
Morrison 
Gray 
Morrison 



Phipps 



Gray 



Reilly 



Chess 



Chess 



DATE OF 
DECISION 



12/12/95 
12/11/95 
12/11/95 
12/11/95 



05/02/95 



08/17/95 



06/01/95 



05/03/95 



11/15/95 



PUBLISHED DECISION 
REGISTER CITATION 



94 INS 1639 


Chess 


05/24/95 


95 INS 0143 


Reilly 


04/20/95 


95 INS 0243 


Morrison 


07/21/95 


95 INS 0619 


Chess 


12/05/95 



94 DOJ 1825 


Reillv 


03/09/95 


95 DOJ 0716 


West 


08/18/95 


95 DOJ 0765 


Nesnow 


10/19/95 



t 



< 



94 DOJ 1006*" 


West 


10/30/95 


10:17 NCR 2255 


94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0365*" 


West 


10/30/95 


10:17 NCR 2255 


95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 




95 DOJ 0566 


Gray 


10/11/95 




95 DOJ 0730 


Phipps 


09/11/95 




95 DOJ 0784 


Phipps 


09/08/95 




95 DOJ 0795 


Gray 


08/14/95 




95 DOJ 0796 


Reilly 


1 1/28/95 




95 DOJ 0898 


Nesnow 


11/17/95 




95 DOJ 1408 


Phipps 


07/31/95 





( 



2533 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



f 



(I 



AGENCY 



Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smitii 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Board 
Daniel C. Inglese v. Private Protective Services Board 
Walter Lee Watson v. Private Protective Services Board 
Charles Ray Gable v. Private Protective Services Board 
Robert Baxter McGuire, Sr. v. Private Protective Services Board 
Raymond Douglas Boggs v. Private Protective Services Board 

LABOR 



Occupational Safety & Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 DOL 0218 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 DOL 0209 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 

PRACTICING PSYCHOLOGISTS 



John E. Miller v. Psychology Board 
PUBLIC INSTRUCTION 

Glenn II, on behalf of Glenn n, and Glenn n, Individually v. Charlotte- 
Mecklenburg County Schools 

Donna Marie Snyder v. Department of Public Instruction 

S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 
County Board of Education 

William Hewett v. State Board of Education 

James Midgette v. State Board of Education 

Deborah R. Crouse v. State Board of Education 

Haydn Stewart Hasty v. State Board of Education 

Bobby G. Little v. Department of Public Instruction 

Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 

Vance County Schools v. Haywood Yarborough 

Laverne K. Suggs v. Department of Public Instruction 

Lavern K. Suggs v. Guilford County Schools 

Kenneth G.H. Leftwich v. State Board of Education 

Madeline J. Taylor v. Department of Public Instruction 

William Andrew McCullough v. Public Instruction, Licensure Section 

STATE BAR 

Phillip S. Banks, III v. North Carolina State Bar 



95 BPP 0629 



95 BAR 0861 



• 



ALJ 



Nesnow 



Morrison 



West 



Nesnow 



Morrison 



DATE OF 
DECISION 



05/01/95 



07/07/95 



03/23/95 



09/12/95 



08/18/95 



PUBLISHED DECISION 
REGISTER CITATION 



94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08/30/95 




95 DOJ 0768 


West 


10/09/95 




95 DOJ 0975 


Gray 


10/17/95 




95 DOJ 0977 


Gray 


10/17/95 




95 DOJ 1138 


Reilly 


11/30/95 





93 EDC 0549 


Chess 


03/16/95 




93 EDC 0731 


Chess 


10/11/95 




93 EDC 0742 


Phipps 


05/30/95 




94 EDC 0533 


Gray 


03/31/95 


10:02 NCR 179 


94 EDC 1401 


Reilly 


05/02/95 




95 EDC 0003 


Chess 


04/10/95 




95 EDC 0027 


Reilly 


10/09/95 


10:15 NCR 1632 


95 EDC 0168 


Phipps 


03/20/95 




95 EDC 0225 


Mann 


05/15/95 




95 EDC 0235 


Mann 


08/04/95 




95 EDC 0384 


Nesnow 


07/12/95 




95 EDC 0385 


Nesnow 


06/02/95 




95 EDC 0405 


Nesnow 


05/25/95 




95 EDC 0525 


Phipps 


10/25/95 




95 EDC 0915 


Gray 


10/30/95 





10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2534 



CONTESTED CASE DECISIONS 



AGENCY 

STATE PERSONNEL 

Appalachian State University 

Theresa Louise Whittington v. Appalachian State University 

Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 OSP 069S 



94 OSP 0834 
94 OSP 0865 



Phipps 



Nesnow 
Reilly 



93 OSP 0189 Nesnow 



Department of Commerce 

T. Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 94 OSP 0775 West 

Department of Community Colleges 

Sheila M. Thompson v. Department of Community Colleges 94 OSP 1530 Chess 

Department of Correction 



Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smalhers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Gaius Wells v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Jeffrey Leonard Jenkins v. Dept of Correction/Piedmont Correctional Inst 

Ruth Kearney v. Department of Correction 

Ann R. Fletcher v. Department of Correction 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

Dennis Harrell v. Department of Correction 

William E. Norwood, Jr. v. Department of Correction 

Brent Macemore v. Department of Correction 

Shelby Gorham-Teel v. Department of Correction 

Larry Riddle v. Department of Correction 

William D. Bryant Jr. v. Department of Correction 

Eric Little v. Department of Correction, Morrison Youth Institution 

Cynthia R. Steven v. N.C. Women's Prison 

Mark R. Murphy v. Department of Correction 



Department of Crime Control and Public Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 Chess 

Robert W. Beasley v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 Morrison 

Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 95 OSP 0835* 13 Nesnow 

Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 95 OSP 0936» u Nesnow 

Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 95 OSP 0188 Nesnow 

District 17-B, and Administrative Office of the Courts 



12/08/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



11/01/95 



06/13/95 
08/10/95 
12/05/95 
12/05/95 



03/20/95 



t 



10:17 NCR 2272 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 0684 


West 


10/12/95 


10:15 NCR 1610 


94 OSP 1206 


Gray 


08/18/95 




94 OSP 1802 


West 


11/29/95 




94 OSP 1807 


Becton 


03/13/95 




95 OSP 0123 


Chess 


08/21/95 




95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 




95 OSP 0501 


Chess 


12/12/95 




95 OSP 0536 


Reilly 


10/23/95 




95 OSP 0570 


West 


10/18/95 




95 OSP 0645 


West 


12/15/95 




95 OSP 0658 


Phipps 


10/18/95 




95 OSP 0829 


Chess 


10/24/95 




95 OSP 1047 


Nesnow 


10/26/95 





« 



10:11 NCR 965 



Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 
Paul E. Hunter v. Dorothea Dix Hospital 



95 OSP 0504 
95 OSP 0801 



Gray 
Chess 



07/12/95 
12/12/95 



4 



2535 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Durham County Health Department 

Laurie A. Gerhard v. Durham County Health Department 
East Carolina University 



95 OSP 0220 



Phipps 



Helen E. Wolfe v. East Carolina University, Dept. of Biology 94 OSP 1558 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 95 OSP 0038* 7 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 95 OSP 0057* 7 



Edgecombe County Health Department 

Ronald E. Wooten v. Edgeeome County Health Department 
Department of Environment, Health, and Natural Resources 



94 OSP 1209 



Babette K. McKemie v. EHNR, Div. of Environmental Management 94 OSP 0358 

James M. Kelly v. Dept of Environment, Health, & Natural Resources 95 OSP 0777 

Fayetteville State University 



George Benstead v. Fayetteville State University 
Lt. Bobby McEachern v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 



Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 94 OSP 0499 

Guilford County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Geraldine Blackston v. DHR, NC Special Care Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 
Edward E. Williams v. NC Special Care Center, Def./Emp, DHR 

Black Mountain ADATC 

Julie Y. Newton v. ADATC Black Mtn & St. of North Carolina 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 

Caswell Center 

David A. Kilpatrick v. DHR, Caswell Center 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 93 OSP 1547 

Sandra Chase Butts v. Department of Human Resources, Cherry Hospital 95 OSP 0047 
Deloris L. Johnson v. Cherry Hospital, DHR 95 OSP 0409 

Cumberland County Department of Social Services 

Gloria Daniels v. Cumberland County Department of Social Services 95 OSP 0714 



Gray 



Chess 
Becton 



Chess 



West 



95 OSP 0850 



94 OSP 0994*" 

95 OSP 0190*" 



95 OSP 0267 



Nesnow 



Gray 
Gray 



Nesnow 



Gray 
West 
Gray 



Nesnow 



08/17/95 



illy 09/07/95 


«ton 06/08/95 


«ton 06/08/95 



07/10/95 



05/31/95 
11/27/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



09/22/95 



12/05/95 



07/31/95 
07/31/95 



10/25/95 



03/16/95 
11/29/95 
08/25/95 



12/04/95 



10:12 NCR 1043 



10:18 NCR 0000 



94 OSP 1758 


Nesnow 


06/07/95 




94 OSP 1773 


Becton 


11/17/95 


10:18 NCR 0000 


94 OSP 1811 


West 


05/04/95 




95 OSP 0138 


West 


03/31/95 




95 OSP 0483 


Reilly 


10/03/95 





10:18 NCR 0000 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2536 



CONTESTED CASE DECISIONS 



AGENCY 



Durham County Department of Social Senices 



CASE 
NUMBER 



ALJ 



Delores H. Jeffers v. Durham County Department of Social Services 94 OSP 0939 Morrison 

Jacquenetta Blackwell v. Durham County Department of Social Services 95 OSP 0692 Reilly 



Gaston County Department of Social Senices 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Halifax County Department of Social Senices 
Robert E. Sykes v. Halifax County Department of Social Services 

Iredell County Department of Social Senices 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy V. Iredell County Department of Social Services 

Dtwsion of Medical Assistance 
George F. Knight v. Division of Medical Assistance, DHR 

Richmond County Department of Social Senices 
Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake Count\ Department of Health 



94 OSP 0770 



94 OSP 0826 



94 OSP 0282 
94 OSP 0739 



95 OSP 0700 



95 OSP 0055 



West 



Gray 



Bee ton 
Chess 



Reilly 



Reilly 



Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032*' Nesnow 



Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 
Thomasine D. Avery v. Wake County/Health Department 

Wake County Department of Social Senices 

Olivia L. Jordan v. Wake County/Department of Social Services 

Department of Labor 

Michael Robert Smith v. Department of Labor 



94 OSP 1072* 8 Nesnow 
94 OSP 1074* 8 Nesnow 



94 OSP 1179* 8 Nesnow 



94 OSP 0610 



Nesnow 



Lee-Harnett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 
Julie Dyer v. Lee-Hamett Area MH/DD/SA Authority 94 OSP 0750 Gray 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 95 OSP 0419 Phipps 

North Carolina State University 



Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Antoinette Chavis-Scott v. N.C.S.U. Accounts Payable 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 95 OSP 0162 West 

Department of Revenue 

Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 95 OSP 0902 Becton 



89 OSP 0612 


Nesnow 


94 OSP 1173 


Reilly 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 


95 OSP 0800 


Chess 



DATE OF 
DECISION 



06/12/95 
11/28/95 



05/24/95 



11/15/95 



03/09/95 
03/01/95 



11/28/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



07/07/95 
06/30/95' 
04/25/95 
03/22/95 
07/06/95 
10/31/95 



04/11/95 



11/03/95 



PUBLISHED DECISION 
REGISTER CITATION 



I 



10:01 NCR 48 



10:09 NCR 809 



♦ 



10:08 NCR 700 



I 



2537 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



# 



I) 



AGENCY 

Richmond Community College 

Willie J. Breeden v. Richmond Community College 

Department of Transportation 

Michael E. Kornegay v. Department of Transportation 

Robert F. Goins v. Department of Transportation 

Esther Doe Murphy v. Department of Transportation 

Debra R. Embden v. DOT, Division of Motor Vehicles 

Mary Matthews Finnerty v. Department of Transportation 

Lonnie Joseph Cole v. NC DOT (TTI's Boone NC) Div. of Hwys 

Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 

Untion County Schools 

Carolyn H. Elkins v. Union County Schools 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 

Roberta Jones v. University of North Carolina-Chapel Hill 

UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



CASE 
NUMBER 



95 OSP 0846 



95 OSP 0948 



94 OSP 0800 
94 OSP 1718 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 91 DST 1093 

Channie S. Chapman v. Bdn , rustees//NC Local Gov. Emp. Ret Sys. 94 DST 0443 

Bryan L. Basden v. Retirement Systems Division 95 OSP 0171 

Wayne La Broad v. Bd./Trustees//Teachers/St. Emp. Retirement Sys. 95 DST 0219 

Tammy Evonne Ashcroft Brownv. Bd/Tr.//NC Local Gov. Emp. Ret Sys. 95 DST 0404 

DEPARTMENT OF TRANSPORTATION 

Maupin Travel, Inc., Anthony W. Maupin v. Dept of Transportation 95 DOT 0818 
UNIVERSITY OF NORTH CAROLINA 



ALJ 



Gray 



93 OSP 1700 


Gray 


94 OSP 0281 


Chess 


95 OSP 0114 


Gray 


95 OSP 0411 


Morrison 


95 OSP 0412 


Nesnow 


95 OSP 0606 


West 


95 OSP 1075 


Becton 



Reilly 



Nesnow 
Chess 



Becton 
Morrison 



Nesnow 



DATE OF 
DECISION 



09/13/95 



03/24/95 
05/30/95 
07/10/95 
11/01/95 
11/02/95 
10/24/95 
07/31/95 



U/03/95 



05/25/95 
10/31/95 



03/14/95 
05/11/95 



04/28/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:17 NCR 2286 



10:17 NCR 2276 



10:04 NCR 287 



Nesnow 


05/04/95 




Morrison 


05/15/95 




Chess 


06/21/95 




Morrison 


07/14/95 




Phipps 


07/27/95 


10:10 NCR 872 



Chess 



12/05/95 



Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 

Judy Blacknell v. University of NC Hospitals at Chapel Hill 



95 UNC 0502 
95 UNC 0865 



Gray 
Chess 



09/12/95 
12/08/95 



• 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2538 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

92 EHR 0300 



JAMES J. COLLINS, ADMINISTRATOR 
FOR JAMES JOSEPH COLLINS, 
ME-91-1173, DECEASED, 
Petitioner, 



v. 



NORTH CAROLINA DEPT. OF 
ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES, 
Respondent. 



RECOMMENDED DECISION 



The above-captioned matter came on for hearing before Administrative Law Judge Dolores O. Nesnow on November 
8-9. 1995, in Raleigh, North Carolina. 

STATEMENT OF THE CASE 

This matter proceeded through a lengthy pre-hearing process during which the parties were able to produce a 
Prehearing Order which included numerous stipulations, both as to law and fact. Additionally, a hearing was held and 
testimony taken on the part of the evidence involving gun shot residue and firearms. 

APPEARANCES 



For Petitioner: 



For Respondent: 



Douglas E. Portnoy 
Devay & Coleman 
Attorney for Petitioner 

John Barkley 

Assistant Attorney General 

Attorney for Respondent 



STIPULATED ISSUES 
Stipulated Legal Issues : 

1. Was the Medical Examiner's Office's determination of suicide arbitrary and capricious due to any of the 
following reasons: 

a. The decision was in conflict with North Carolina Law. 

b. Failure to properly take into account the victim's state of mind. 

c. Failure to examine evidence and facts that indicate that the manner of death was not 
suicide. 

2. Was the Medical Examiner's determination of suicide proper or was it arbitrary and capricious based on 
the evidence and facts used as a basis for the determination of the maimer of death that were available at the time the 
determination was made? 

3. Does North Carolina recognize a determination of a cause of death that the decedent intended to perform 
the act that resulted in one's own death, but did not have the intent to kill oneself? 



2539 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CONTESTED CASE DECISIONS 



Stipulated Factual Issues : 

1. What do the facts and evidence indicate about the manner of Joseph Colins' death? 

2. What does the Gunshot residue evidence indicate about who fired the gun? 

3. Could the gun involved in the shooting be accidentally discharged by opening and closing the cylinder? 

4. Does the location of the empty chamber to the left of the firing pin indicate that the gun was cocked and 
then decocked after the shooting? 

5. What was the factual basis of the Medical Examiner's Office's determination of suicide? 

6. Did Dr. Radisch and Dr. Butts concur with Dr. Chancellor's determination of suicide and if so, what facts 
and/or evidence did those doctor's base their determination on? 

7. Was decedent emotionally distressed immediately prior to the shooting? 

8. Was Collin's "messing with the gun" immediately prior to his shooting? 

STATUTES AND RULES IN ISSUE 

N.C. Gen. Stat. 130A-385(b) 
N.C. Gen. Stat. 130A-385(c) 

EXHIBITS 

Joint Exhibits for Petitioner and Respondent: 

P#l - SBI Report 

P#2 - Psychological Autopsy by Dr. Jonas Rappeport 

P#3 - Case of Moore v\ Union Fidelity Life Insurance Co., 297 N.C. 375, 255 S.E.2d 160 

(1979) 

P#4 - William S. Best - FAST Report 

P#5 - Letter of D.A. Lock to Michael Easley 

P#6 - Affidavit of Investigator Edward A. Livesay, Jr. 

P#7 - Letter from John Butts to Daniel A. Devay and response by Dr. Rappeport 

P#8 - Chancellor Deposition 

P#9 - Scheduling Order 

P#10 - Case of Maddox v. Colonial Life and Accident Insurance Company 

P#l 1 - Diagram of gun 

P#12 - The .357 Magnum carried by the decedent and the firing of which caused his death (The 

gun has been placed in the custody of the Petitioner with the instruction that he is to keep 
it in its present condition for the review of any subsequent decision makers). 

P#13 - White gloves 

P#14 - Yellow sweater (placed in the custody of the Petitioner) 

P#15 - Blue jeans (placed in the custody of the Petitioner) 

ORDER 

PETITIONER NO. 1 - THE SBI REPORT HAS BEEN AND REMAINS SEALED TO THE PUBLIC AND 
IS AVAILABLE ONLY FOR THOSE PARTIES INVOLVED IN ANY APPEALS OF THIS CONTESTED CASE. 

WITNESSES 

For Petitioner: 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2540 



CONTESTED CASE DECISIONS 



Edward A. Livesay, Jr. - Firearms expert 

William S. Best - Gunshot residue 



For Respondent: 

Michael L. Creasy - Private Investigator 

E. E. Bishop - SBI Firearms and Toolmark Specialist 

STIPULATION AS TO WITNESSES 

Each side stipulates that its witnesses and the witnesses interviewed as set out in the SBI Report who are not 
testifying at the hearing would have testified consistently with their statements in the SBI Report and consistently with 
statements exchanged between the parties in discovery, including affidavits and reports and that such statements shall be 
treated as testimony in this matter. 

STIPULATIONS AS TO LAW 

1. All parties are properly before this court. 

2. This court has jurisdiction of the parties and the subject matter. 

3. All parties have been correctly designated. 

4. There is no question as to misjoinder or nonjoinder of parties. 

5. This action is governed by the laws of the State of North Carolina. 

STIPULATIONS OF FACTS 

1. On Friday. December 6, 1991, James Joseph Collins (Collins), a twenty-one (21) year old rookie police 
officer gave his girlfriend, Julie Ann Cobb (Cobb) an engagement ring. 

2. That evening Cobb was seen carrying Collins" Colt .357 caliber magnum into the local Burger King. A 
friend of Collins had heard that the gun had been given to Cobb by Collins for her protection. 

3. Both Collins and Cobb were knowledgeable as to the firing and use of handguns. Collins had received 
training by the police department and owned a large collection of guns. 

4. Cobb had received training by Collins in the firing of Collins" Colt .357 magnum, other handguns and 
rifles. 

5. On the morning of December 7. 1991, Collins was upset with Cobb for not spending more time with him. 

6. The next day, December 8, 1991, Collins left his home to drive Cobb to her residence. Collins was driving 
and Cobb was sitting in the passenger seat of Collins' car, a 1989 Pontiac Grand Prix. 

7. As Collins was traveling down Rural Paved Road 2017 in Harnett County, at around 12:00 p.m., he 
abruptly pulled his vehicle off to the side of the road. The sudden stop created skid marks of over 49 feet in length and the 
screech of the tires was heard by people in the neighborhood. 

8. Cobb's aunt. Fay Arnold, driving behind Collins' vehicle, saw Collins abruptly stop and pull off the road. 
As she passed his car she noticed his lights were blinking. Ms. Arnold turned around to see if anything was wrong. When 
she approached the vehicle, Collins appeared in good spirits and when she asked him if there was anything wrong, Collins 
said he was okay. 

9. Some time after Collins parked the vehicle Ms. Marlene Ashworth drove past and noticed that Collins was 
shaking a finger at Cobb and he appeared to be "fussing" with her. 



2541 NORTH CAROLINA REGISTER January 2, 1996 10:19 



CONTESTED CASE DECISIONS 



10. Between 11:40 a.m. and 11:45 a.m. (sic) Connie Beaston Stone, a neighbor, drove past the parked vehicle 
at a rate of speed of 15 to 20 miles per hour and did not see anyone in the vehicle. 

11. Lewis Stone and his uncle, Lonnie Stone, stated that they drove past the parked vehicle around 10:00 or 
10:30 a.m. (sic) and neither of them saw anyone in the vehicle. When they returned past the vehicle later at around 11:30 
a.m. (sic) they stated it looked as if someone was in the vehicle. 

12. Latitia Annette McNeill passed the car parked and saw Collins slumped over in the passenger seat and a 
female sitting in the drivers seat. When she drove back five (5) minutes later the car had not moved and Collins and Cobb 
were still in the same respective positions. 

13. At approximately 12:21 p.m. Cobb pulled into the ambulance entrance of Betsy Johnson Hospital and was 
heard saying, "My friend has been shot" or "He's shot". Cobb was taken to a waiting room and left unattended. 

14. Dr. Benjamin Frank and Physician Assistant Burroughs went to the vehicle and saw Collins seated in the 
passenger side of the vehicle with his legs angled towards the right side of the center console that separated the two front 
seats. The car was still running and the gear shift was in the number 1 position. 

15. A .357 magnum was found on the floor of the front passenger side of the vehicle. 

16. Dr. Frank noted that, upon examination, Collins had no pulse, showed no signs of breathing or movement, 
and made no statements in his presence. Collins was pronounced dead on arrival. 

17. The North Carolina State Bureau of Investigation (SBI) conducted an investigation into this matter along 
with the Harnett County Sheriffs Department (HCSD) that included interviewing Cobb and giving her polygraph tests. 

18. During her questioning by the police and the SBI, Cobb provided details as follows: 

a. Collins had pulled off to the side of the road and parked the vehicle in order to 
talk. 

b. Having gotten over their argument, she and Collins talked abut getting married 
and re-sizing her engagement ring. 

c. Collins had taken the keys out of the ignition and was playing with them. 

d. Collins then pulled the Colt .357 magnum out of a holster located in the drivers 
side door pocket and was playing with it for about five (5) minutes by opening 
and closing the cylinder. 

e. As Cobb was facing forward and playing with her hair band she heard the gun 
discharge once. 

f. Collins told her that he had been shot and asked her to take him to Good Hope 
Hospital. Collins slumped over toward the passenger side of the vehicle. 

g. Cobb got out of the vehicle and went around to the drivers side of the vehicle 
dropping her hair band outside in the process. 

h. Collins, after he was shot, pulled himself across the center console of the 

vehicle into the passenger seat. 

i. Collins, after he was shot and from a slumped position, helped Cobb put the 

keys into the ignition, started the car for her and put the car in drive from its 
parked position. 

j. According to Cobb, she did not know where Good Hope Hospital was so she 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2542 



CONTESTED CASE DECISIONS 



drove Collins to the Betsy Johnson Memorial Hospital at rates of speed 
exceeding 100 miles per hour. 

k. Cobb could not remember where the gun was during the time she was driving 

and stated that she had put the car in the Number 1 position upon arriving at the 
hospital because Collins' legs were in the way. 

19. Cobb had been previously convicted of making a false report and had violated the terms of her probation. 

20. An examination of Collins' right hand and the weapon by E E. Bishop of the SBI revealed that Collins' 
right hand was in contact with the cylinder when the gun was fired. 

21. Doctor Michael L. Creasy, SBI Laboratory Technician, found high concentrations of gunshot residue on 
the back and palm of Collins' right hand and a smaller amount of residue on Cobb's hands. 

22. The SBI and the HCSD, in the course of their investigation, failed to: 

a. Inspect the weapon for fingerprints; or 

b. Test for gunshot residue inside the vehicle. 

23. District Attorney Thomas Lock, determined that there was insufficient evidence to indict Cobb as well as 
being of the opinion that the evidence tended to indicate Collins shot himself accidentally. 

24. Dr. Karen Chancellor of the Medical Examiner's Office rendered a determination that Collins committed 
suicide. 

Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits 
received into evidence, and the entire record in this proceeding, the undersigned makes the following: 

ADJUDICATED FACTS 

1. The inconsistency in the times various witnesses drove past Collins' car is unexplained. 

2. The observation of some of the witnesses that no one was in the car is also unexplained. 

3. Dr. Karen Chancellor, a medical doctor with the State Medical Examiner's Office, performed the autopsy 
on decedent. 

4. A psychological autopsy was conducted by Dr. Jonas Rappeport. 

5. That report concluded that the decedent was not a likely candidate for suicide. It stated: 

It is my opinion, within reasonable medical certainty, that the death of Jimmy Collins III 
on December 8, 1991, cannot be attributed to suicide. I have been unable to find any 
evidence that would lead me to believe that Jimmy Collins HI was in a state of mind 
similar to that of others who have attempted or successfully completed suicide, as 
reported in the psychiatric and suicidology literature. Nor was Jimmy Collins' general 
life circumstances in a condition similar to those who attempt to or successfully commit 
suicide. 

6. That report included interviews with the decent's friends, one of whom reported telling the decedent that 
he was surprised that Jimmy was going to give Julie a ring. Jimmy said, "It's only temporary", and "It will be a lo-o-ong 
engagement. n 

7. The report also indicates that the decedent also told his mother that she could have the ring when he finished 
with it. 



2543 NORTH CAROLINA REGISTER January 2, 1996 10:19 



CONTESTED CASE DECISIONS 



8. Edward Livsay, Jr., is a self-employed private investigator who has been retained by the Petitioner. Prior 
to becoming a private investigator, Mr. Iivesay was with the Garner Police Department for 13 years, much of that time as 
a Detective. 

9. During his tenure in law enforcement, Mr. Iivesay carried a Colt Revolver which differs from the gun at 
issue, a .357 magnum, only in aesthetic appearance. 

10. Mr. Livesay graduated from the University of Louisiana in Police Science and has taught extensively 
throughout the State, including at the SBI Academy in Salemburg. Mr. Livesay was permitted to testify as an expert in 
accident reconstruction. 

11. Mr. Livesay demonstrated that a revolver such as the .357 magnum has a mechanism called a forcing cone. 
A forcing cone is a small rod at the front end of the cylinder and the base of the barrel. This cone forces the bullet through 
the barrel, causing gunshot residue (GSR) to spew out toward the front of the gun both from the front of the barrel and the 
front of the cylinder. Those are the only places where GSR would be emitted upon firing this weapon. Mr. Livesay testified 
that minute amounts of GSR would be emitted backward. 

12. GSR is composed of deposits of antimony, lead and barium. 

13. Mr. Livesay described both the single action and double action uses of a revolver such as the .357. In 
single action use, the shooter cocks the hammer manually before pulling the trigger. The pound pressure on the trigger is 
greatly reduced using this method. 

14. The double action use of the weapon does not include cocking the hammer, but only pulling the trigger with 
the hammer cocking itself automatically. The pound pressure on the trigger pull is much greater using this method. 

15. In either method of firing the weapon, the .357 cylinder rotates clockwise. That is, looking at the cylinder 
from the rear of the gun, upon starting to pull the trigger, the cylinder will rotate to the right, causing the cartridge which 
had been at the "twelve o'clock" position to move to the "one o'clock" position. The bullet will fire from the cartridge 
which had been at the "eleven o'clock" position. After the firing of the weapon, the empty cartridge will remain at the 
"twelve o'clock" position. 

16. The weapon was examined shortly after the shooting by an SBI Agent. She drew two marker pen lines 
on either side of the cylinder at the top before she opened the cylinder. When she opened the cylinder she found the empty 
cartridge in the "eleven o'clock" position. 

17. None of the witnesses could explain how the empty cartridge came to be in this position. The only possible 
explanation is some sort of human intervention. If the gun had been cocked twice, the empty cartridge would have moved 
over to the "one o'clock" position. If the gun had been fired once, the empty cartridge would have remained in the "twelve 
o'clock" position. 

18. Mr. Livesay testified, and it is found as fact, that .357 will absolutely not fire unless the trigger is pulled. 
If the hammer is not cocked by hand, a safety (transfer) bar is in place between the hammer and the cartridge which would 
prevent the firing of the weapon even if it were dropped. If the hammer is not cocked, the same transfer bar is in place and 
the gun, similarly, can not be fired without pulling the trigger. 

19. Mr. Livesay testified, and it is found as fact, that this gun could not go off by merely playing with the 
cylinder. 

20. Additionally, Mr. Livesay testified that in his opinion, there is no way this weapon could have discharged 
accidentally, i.e., without pulling the trigger. 

21. Mr. Livesay simulated firing tests using white gloves. He fired first from the "cup and saucer" position, 
i.e., his right hand holding the gun and his left hand supporting the firing hand. He found almost no GSR on the glove 
except for minute amounts of "rain." 

22. Mr. Livesay then fired the weapon in an upside down position which had been described as a possible 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2544 



CONTESTED CASE DECISIONS 



method in the SBI report. Again, he found almost no GSR. 

23. Mr. Livesay then fired the weapon in the self-defense position, i.e., having someone hold the gun as if it 
were directed at him. He reached out with his right hand to grasp the cylinder and prevent it from turning. 

24. Police officers are trained to employ self-defense maneuvers if they lose control of their weapons during 
an arrest or altercation. Although it is a method of last resort, officers are trained to reach forward and grasp the cylinder 
in an effort to prevent the weapon from firing. Additionally, if they are able, they are trained to reach forward in this 
manner not only to prevent the cylinder from turning, but to place one of their fingers between the hammer and the firing 
pin to prevent contact. 

25. Preventing a firing in this manner will work only if the hammer has not been manually cocked. If the 
hammer were manually cocked, the cylinder would have already rotated. 

26. After testing in the self defense position, Mr. Livesay found GSR on the right hand glove with a heavy 
concentration on the palm of the hand. The discharge of the weapon in this manner also tore a hole in the palm of the glove. 

27. Pictures taken of the decedent's right hand at the time of autopsy, show an inordinately large amount of 
GSR on the palm of his right hand as well as on the back of his right hand at the location between his thumb and forefinger. 

28. This GSR finding is consistent with holding the barrel of the gun in the self-defense position. 

29. The car, a 1989 Grand Prix, in which the shooting occurred, had front bucket seats. The console between 
the seats runs from the dashboard area down between the two bucket seats. 

30. During his testing, Mr. Livesay attempted to pull himself over the console from the drivers seat to the 
passenger side without using his legs, since the bullet had lodged in the decedent's spinal cord. Mr. Livesay testified that 
he could not perform this maneuver. He further testified that another man of somewhat smaller stature also attempted to 
pull himself across the console and was able to do so only with great difficulty. 

3 1 . Willaim Samuel Best operates a private forensic laboratory and was retained by the Petitioner to conduct 
examinations into the method of death of the decedent. Mr. Best has extensive scientific training and operated the SBI 
chemistry lab for 14 years. He was permitted to testify as an expert in forensic chemistry. 

32. Mr. Best was given the weapon, the automobile, the sweater, and the jeans worn by the decedent at the 
time of his death. 

33. Mr. Best tested the yellow sweater for GSR. He found no reaction on the left sleeve and none on the 
shoulder portion. He did get a response on the right sleeve. 

34. He testified that if the left hand was within 3" when the weapon was fired, he would have found GSR on 
the left sleeve. 

35. Mr. Best also tested the front part of the legs of the jeans almost to the knees for GSR. Mr. Best testified 
that if the decedent had fired the gun in any configuration over his lap while sitting, there would be GSR on the upper part 
of the legs of the jeans. Mr. Best found no GSR in those areas. 

36. He testified that he tested the car for GSR and found none. 

37. SBI Agent Michael Creasy, however, testified that if the decedent were holding the weapon in a self defense 
type position, most of the GSR would be on his hand. 

38. Mr. Best used luminol to test for blood inside the car and found two sites. 

39. Mr. Best found no response on the driver's seat or on the console. 

40. The major blood deposit was on the inside of the passenger door and was in the shape of a footprint at the 
highest portion of the passenger door beneath the window. The second was more vague but also appeared to be a footprint 

2545 NORTH CAROLINA REGISTER January 2, 1996 10:19 



« 



CONTESTED CASE DECISIONS 



lower down on the passenger door. 

41. This information was not known to Dr. Chancellor at the time of the autopsy. 

42. Additionally, this information provides data which cannot be explained at this time. 

43. Mr. Best also tested the car for fibers from the yellow sweater worn by the decedent at the time of the 
accident and found none. 

44. Mr. Best used the gun to fire both at contact and at 3 feet. He testified that he agreed with the SBI's 
finding that the gun was fired within 3" of the decedent. 

45. The autopsy revealed a bullet trajectory straight from the wound site just below and slightly to the right 
of the belly button, travelling directly back to the spinal column. 

46. Mr. Best testified that he was unable to find a position sitting in the driver's seat which would have left 
enough room around the steering wheel to hold a gun in a position which would result in the described trajectory. 

47. Mr. Best testified that he did not test the gun holding it in an upside down position. 

48. Michael Creasy is a Special Agent with the SBI assigned to the Crime Laboratory. Agent Creasy has 17 
years' experience in trace evidence, paints, polymers and GSRs. 

49. Agent Creasy has analysed trace evidence in approximately 600 cases a year for 17 years. 

50. Agent Creasy was qualified to testify as an expert in forensic chemistry with a speciality in GSR analysis. 

5 1 . Agent Creasy was assigned to the case at hand and was given the hand wiping kit results from both Julie 
Ann Cobb and the decedent. 

52. Agent Creasy found an inordinately high amount of GSR on Collins' right palm and the back of his right 
hand between the thumb and the forefinger. This high concentration in these areas is inconsistent with having the right hand 
in a firing position. 

53. Agent Creasy found very similar amounts of GSR on Collins' left hand and on Cobb's right and left hands. 
This would be consistent with them both being in a confined space when the weapon was fired. 

54. Agent Creasy found GSR on Cobb's palm with a lower amount on the back of Cobb's hand, which is 
inconsistent with firing the weapon. He testified that she would not have GSR on the palms of her hand if she had held the 
gun in the traditional way. 

55. Agent Creasy also testified that if Cobb had washed her hands before she was tested with the hand wiping 
kit, he would expect to find very little, if any, GSR. 

56. Agent Creasy testified that he does not know who fired the gun. He cannot exclude Cobb, but his best 
guess would be that Collins fired the gun with his left hand. 

57. Finally, Agent Creasy testified, "I can make no determination that Cobb did or did not fire the gun." 

58. Agent Creasy concluded that, at the time of the firing, the decedent's right hand was around the barrel of 
the gun, around or to the fore of the cylinder. 

59. Agent Creasy testified and it is found as fact that the decedent absolutely could not have detonated that gun 
with only the right hand. 



60. He further testified that he did not say only the right hand was used. 



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CONTESTED CASE DECISIONS 



6. 



There was, at the time of the autopsy, insufficient evidence to indicate a suicide. 



7. There was sufficient evidence available to the Medical Examiner at the time of the autopsy to indicate that 
the death was accidental. 

8. N.C. Gen. Stat. 130A-385(c) provides: 

(c) The Chief Medical Examiner shall have authority to amend a medical examiner 

death certificate. 

Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That a Supplemental Death Certificate be issued showing the manner of death as accidental. 

ORDER 

It is hereby ordered that the agency served a copy of the final decision on the Office of Administrative Hearings, 
P. O. Drawer 27447, Raleigh, N. C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Health Director under the Department 
of Human Resources. 

This the 15th day of December, 1995. 



Dolores O. Nesnow 
Administrative Law Judge 



2549 



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CONTESTED CASE DECISIONS 



> 



80. Dr. Chancellor testified that her notes taken during a phone conversation with Detective Atkins noted 
"Gunshot Residue Testing - Ms. Cobb - on palms of her hands - non-specific. Mr. Collins - consistent with firing of gun 
from right hand. " 

81. Dr. Chancellor testified that she knew GSR came out of the barrel of the gun and the cylinder, but she 
would not be surprised to see GSR on the palm of the hand because the hand does not configure exactly to the butt of the 
gun. 

82. Agent Bishop testified that GSR on the palm of the hand is not consistent with the traditional firing position 
but is consistent with the hand being at or near the front of the cylinder. 

83. Dr. Chancellor testified that she had not seen the Psychological Autopsy but that she was familiar with the 
15 suicide indicators listed therein. She testified that she had considered some of those 15 indicators before issuing the 
Supplemental Death Certificate, but not in a formal manner. 

84. Dr. Chancellor testified that "a person's state of mind or psychological condition could have something to 

do with suicide, but I don't know how important it might be. I can't assess a degree of importance the state of a person's 

mind, I would consider to be contributing information." 

85. Dr. Chancellor testified in her deposition, "So, in summary, he's someone who knows how to use a gun. 
He has a contact wound to his abdomen. There's evidence that he fired the gun in gunshot residue testing. And I don't have 
anything else to point to him not firing the gun." 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Agent Creasy concluded that he is certain that the decedent's right hand was not in firing position but was 
on the barrel and the cylinder of the gun. 

Agent Bishop, who spoke with the Medical Examiner before she made her finding, also determined that 
the decedent's hand was not in a firing position but was on the barrel and the cylinder of the gun. 

The Medical Examiner mistakenly concluded that she was told that the GSR indicated that the decedent's 
right hand was in a firing position. 

2. The Medical Examiner considered only some of the 15 suicide indicators and those she considered in an 
"informal manner." 

Dr. Chancellor knew only that the decedent had argued with his girlfriend. She was not aware of 
information concerning the other 15 suicide indicators. 

The Medical Examiner did not gather sufficient information concerning the decedent's state of mind. 

3. The determination of suicide was incorrect because the Medical Examiner misunderstood the information 
given to her about gunshot residue and because she did not have adequate information about the decedent's state of mind. 

4. N.C. Gen. Stat. 130A-385(b) provides in pertinent part: 

(b) The medical examiner shall complete a certificate of death, stating the name of 

the disease which in his opinion caused death. If the death was from external 
causes, the medical examiner shall state on the certificate of death the means of 
death , and whether, in the medical examiner's opinion, the manner of death was 
accident, suicide, homicide , execution by the State, or undetermined . (Emphasis 
Added) 

5. There was, at the time of the autopsy, insufficient evidence to indicate a homicide. 



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CONTESTED CASE DECISIONS 



6. There was, at the time of the autopsy, insufficient evidence to indicate a suicide. 

7. There was sufficient evidence available to the Medical Examiner at the time of the autopsy to indicate that 
the death was accidental. 

8. N.C. Gen. Stat. 130A-385(c) provides: 

(c) The Chief Medical Examiner shall have authority to amend a medical examiner 

death certificate. 

Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That a Supplemental Death Certificate be issued showing the manner of death as accidental. 

ORDER 

It is hereby ordered that the agency served a copy of the final decision on the Office of Administrative Hearings, 
P. O. Drawer 27447, Raleigh, N. C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Health Director under the Department 
of Human Resources. 

This the 15th day of December, 1995. 



t 



Dolores O. Nesnow 
Administrative Law Judge 



2549 



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CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF GUILDFORD 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 DHR 1732 



DEBORAH KHtBY 

LESLIE SALEEBY 

Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES 
Respondent. 



RECOMMENDED DECISION 



) 



This contested case was heard in High Point, North Carolina, on October 27, 1995 by Administrative Law Judge 
Thomas R. West. 

APPEARANCES 

Petitioners were represented by Duane Bryant of High Point. 

Respondent was represented by Assistant Attorney General Jane Rankin Thompson. 

PROCEDURAL HISTORY and ISSUE 

Prior to December 12, 1994, Petitioners were licensed by Respondent Department of Human Resources, Division 
of Social Services, in the following ways: 1) each of the Petitioners was licensed individually to be a foster parent; 2) the 
home occupied by the Petitioners was licensed as a family foster home. Sometime during the first half of December 1994, 
Respondent sent Petitioners an undated letter revoking the family foster home license. It is not clear whether Kirby's license 
as an individual foster parent was also revoked. Saleeby proceeded as if her individual license had been revoked, but at the 
conclusion of the hearing, Respondent stated, through counsel, that Saleeby's individual license had lapsed on September 
18, 1994. 

Petitioners' family foster home license was revoked because Respondent found their home not to comply with its 
administrative rule which provides that "... [p]ersons who have been found to have abused or neglected a child by any 
agency duly authorized by law to investigate allegations of abuse or neglect shall not be eligible for licensure as foster 
parents." 10 NCAC 41 F .0702(a). "Because one or both of [Petitioners] have been found to have abused or neglected a 
child . . . [Petitioners'] license is being automatically revoked pursuant to [10 NCAC 41F .0702(a) and 10 NCAC 41F 
.0807(a)]." 

Petitioners filed a Petition commencing a contested case on December 12, 1994. A series of continuances was 
sought and, for good cause irrelevant to the merits of this case, was granted. The case was brought to hearing on October 
27, 1995. 

Petitioners allege Respondent exceeded its authority or jurisdiction and acted arbitrarily or capriciously when it 
revoked the foster care licenses. 

BURDEN OF PROOF 

Respondent (hereafter "DHR") has the burden of proving, by the greater weight of the evidence, that its revocation 
of Petitioner' licenses was within its authority and jurisdiction, and was neither arbitrary nor capricious. 



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2550 



CONTESTED CASE DECISIONS 



WITNESSES 



DHR called the following witnesses: 
B.J. Chandler 
Pamela Myrick 
Stephanie Hayes Jarvis 



employee of Guilford County Department of Social Services in the Foster Home 

Finding Unit 

employee of Guilford County Department of Social Services as an Adoption 

Social Worker 

Abuse and Neglect consultant employed by DHR. At the times relevant to this 

case, employee of Forsyth County Department of Social Services 



Petitioner called the following witnesses: 
Stephanie Hayes Jarvis 



Dr. Ruth Guyer 
Sue Baynes 
Sharon Lindenbaum 



Rev. Christine Oscar 
Beth Channel 
Karen Bolton 

Leslie Saleeby 
Deborah Kirby-Saleeby 



employee of Forsyth County Department of Social Services; Child Protective 
Services 

Physician to foster child "J.S." Board certified Family Practitioner 

Owner of day care center attended by J.S. 

Employee of Forsyth County Department of Social Services, currently as a 
Child Support 

Enforcement Agent 

Minister familiar with Petitioners and foster child J.S. 

Friend of Petitioners acquainted with foster child J.S. 

Daughter of Guilford County Social Worker assigned to Petitioners; babysitter 
to J.S. on occasion 

Petitioner 

Petitioner 

EXHIBITS 



The parties stipulated that documents attached to Petitioners' Prehearing Statement could be received into evidence. 
The Administrative Law Judge accepted the stipulation, and received those documents into evidence. The documents are 
marked "J", forjudge, 1 through 16 for purposes of identification. 

The parties also stipulated that the undated NOTICE OF ADMINISTRATIVE EVIDENCE could be received into 
evidence. The Administrative Law Judge accepted the stipulation, and received the document into evidence. The document 
is marked as "J17". 

The following exhibits were stipulated to by the parties and received into evidence: 

Rl 

R2 

The following exhibits were tendered by Petitioners and received into evidence: 

P3 

P4 
P5 

P6 



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CONTESTED CASE DECISIONS 



> 



Exhibit P3 is a pair of J.S.'s shoes. The exhibit is retained in the custody of the Clerk of the Office of Administrative 
Hearings and can be released by appropriate order. 

PROTECTIVE ORDER 

At the beginning of the hearing, counsel advised the Administrative Law Judge of their concern for protecting the 
anonymity of the minor foster child and his minor siblings who, at one time, were in the care of Petitioners. Counsel's 
concern was heightened because a newspaper reporter was present. In order to protect the anonymity of the three minor 
children, preserve any statutory confidentiality of investigative reports, and maintain the openness of the courts to the public, 
the Administrative Law Judge entered the following protective order: 

1. Counsel and the witnesses were ordered to use the initials of the three minor children who would be the subject of 
testimony; 

2. The transcriptionist of the record of this case was ordered to edit the transcript to use the children's initials in the 
event a person inadvertently used the child's name; 

3 . The reporter from the Greensboro News & Record was ordered not to print the names of any children whose identity 
she learned during the hearing, but to instead use the child's initials. The reporter consented to this restraint. 

FINDINGS OF FACT 

1. Petitioners Deborah Kirby and Leslie Saleeby applied in 1992 for licensure as a family foster home. A family foster 
home license was issued in June 1992. Each was also licensed as a foster parent. 

2. Between the time Kirby and Saleeby were licensed to operate a family foster home in June 1992 and December 1994 
when their license or licenses were revoked, Guilford County Department of Social Services placed twelve children in their 
home. 

3 . Most of the children placed in the Kirby-Saleeby home were placed for a short term. Three children were placed 
for a longer term. 

4. Those three children are siblings, and were placed in the Kirby-Saleeby home on February 26, 1993. The initials 
of the children, their gender, and their ages on February 26, 1993 are as follows: 



a. 


J.S. 


4 yrs. 3 mos. 


male 


b. 


A.S. 


1 yr. 6 mos. 


female 


c. 


T.S. 


6 mos. 


male 



5. All three of the children had significant medical problems: 

a. T.S. was hospitalized in August 1993 by Petitioners for urologic surgery by doctors at the UNC 
School of Medicine. Beginning in March 1993, Petitioners took T.S. to the School's Pediatric 
Pulmonary Division for treatment of his frequent, chronic difficulty in breathing; 

b. Doctors at the School of Medicine first examined A.S. at Petitioners' urging and discovered that 
she suffered from many of the airway problems from which T.S. suffered; 

c. J.S. walked like a toddler at 4 years of age and could not run as a result of a significant rotation 
of his femur bones. The handicap was treated by fitting J.S. with a series of orthopaedic shoes. 

6. Kirby was told by the doctor who prescribed the shoes for J.S. to keep them on him except when he was in bed 
or in the water. The shoes are brown leather with round toes. The shoes lace up above the ankle. 

7. When J.S. first began wearing the shoes, he was proud of them because he had never had a new pair of shoes. J.S. 
did not like subsequent pairs because the shoes rubbed blisters until they were broken in, and more importantly, other 
children picked on him. 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2552 



CONTESTED CASE DECISIONS 



8. J.S. began to resist wearing the shoes, and his balkiness became a point of conflict between J.S. and Kirby. Kirby 
consulted a psychologist, Dr. Courts, regarding J.S.'s 

defiance of her requiring him to wear the shoes. The psychologist discussed a "natural consequences" strategy. The strategy 
and J.S.'s balking at wearing the shoes is at the heart of this case. 

9. All three of the children were significantly delayed developmentally when they were placed in the Kirby-Saleeby 
home. J.S. was closer to a two and a half year old developmentally than his biological age of four years and four months. 

10. It is clear from the exhibits and the testimony of Dr. Guyer that Kirby and Saleeby consistently and persistently 
pursued general and specialized medical treatment for the three siblings. 

11. It is clear from the exhibits and the testimony of the witnesses that the three siblings made significant medical, 
emotional and developmental progress while they were in the Kirby-Saleeby foster home. 

12. It is clear from the exhibits and the testimony of Dr. Guyer that the doctors who treated the children believe they 
were loved and well treated by Petitioners, and that an allegation of abuse or neglect is inconsistent with their observations 
of the children with Kirby and Saleeby. 

13. Kirby and Saleeby's home was re-licensed as a family foster care home in June 1993 by DHR. 

14. At some time prior to August 1994, the rights of the parents of J.S., A.S., and T.S. were terminated. The three 
children became eligible for adoption, and Petitioners expressed to the Guilford County Department of Social Services their 
interest in adopting their three foster children. 

15. The State of North Carolina licenses family foster care homes and foster parents, but the Department of Social 
Services for the county in which the parents live is responsible for placing foster children and adopted children. 

16. In August 1995, Petitioners' foster care licenses were in the process of being renewed when a "Child Protective 
Service" complaint was made against Petitioners. It was alleged that Deborah Kirby had neglected J.S. by inappropriately 
disciplining him. 

17. On August 15, 1995, a Child Protective Service Worker employed by Forsyth County Department of Social Services 
was assigned to investigate the complaint. It is standard practice for Departments of Social Service to use workers from a 
neighboring county's Department of Social Services to investigate allegations of neglect by foster parents. 

18. Stephanie Hayes Jarvis was the worker assigned to investigate the complaint. Jarvis was employed by Forsyth 
County DSS until November 1994, at which time she became employed by Respondent as an "Abuse/Neglect consultant." 

19. Jarvis interviewed workers at Guilford County DSS, J.S., Kirby, Saleeby, and teachers and the owner of the day 
care center J.S. attended. 

20. J.S. told the investigator that he had been forced to run outside without his shoes on as discipline for having his 
shoes untied. J.S. told the investigator that his Mom, Kirby, wanted him to feel what it felt like to go without his shoes. 
J.S. told the investigator that Kirby had doctored his feet and that they hadn't hurt anymore. 

21. J.S. had a biological age of six years at the time Jarvis interviewed him. The interview took place at the day care 
center attended by J.S. 

22. Jarvis interviewed Kirby and Saleeby on August 19, 1994. Jarvis understood the following from the interview: 

a. The incident at issue occurred in July 1994. Kirby was with the foster children at home. Saleeby 
was not at home; 

b. J.S. was required to wear orthopaedic shoes, but did not like to wear them. Kirby had trouble 
getting J.S. to keep them tied; 

c. Kirby was mad when she got to the day care center to pick up J.S. and saw that his shoes were 
untied; 

2553 NORTH CAROLINA REGISTER January 2, 1996 10:19 



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CONTESTED CASE DECISIONS 



> 



d. When Kirby and J.S. got home she told him to go upstairs, take off his shoes and go outside and 
play. Kirby told J.S. she wanted him to see what it felt like to play without his shoes on; 

e. J.S. went outside to play, and after some period of time, came back in. Kirby was cooking dinner 
and told J.S. to go back outside; 

f. Kirby knew J.S.'s feet would get bruised because he had gone outside in the spring and injured 
his feet; 

g. Kirby gave J.S. a bath that night and saw that his feet were blistered. Kirby treated the blisters 
with Neosporin ointment and put band-aids on them; 

h. Kirby kept J.S. home from day care the next day; 

i. Kirby took J.S. to day care the next day and told the teachers what had happened. Kirby did not 

want J.S. to go swimming that day, and was irritated with two of the teachers for allowing J.S. 
to untie his shoes. 

23. Approximately two weeks after the July incident, the complaint regarding Kirby was filed with Guilford County 
Department of Social Services. 

24. The investigator, Jarvis, interviewed the owner of the day care center, Mrs. Baynes. Baynes thought highly of 
Kirby and Saleeby. 

25. Jarvis interviewed two teachers. The statements of the teachers to Jarvis are set forth below. Neither of the 
teachers was present at the hearing and their statements to Jarvis relate alleged statements by J.S. to them. Petitioners 
objected to this testimony. The testimony of the teachers constitutes hearsay within hearsay. The Administrative Law Judge 
sustained the objection and did not allow the statements of the teachers into evidence to prove the truth of any matter asserted 
in the statements. A limiting instruction was placed on the record allowing the statements into evidence for the limited 
purpose of demonstrating the reasonableness of the decision of Guilford County to "substantiate" the allegation of neglect 
against Petitioners. Teacher Mandy Weaver told Jarvis that: 

a. She had observed the blisters on J.S.'s feet; 

b. She had talked with J.S. and confronted Kirby; 

c. J.S. told her that Mommy (Kirby) had told him to say it was his fault. Teacher Marion Exum told 
Jarvis that J.S. had told her that Mommy lied and that she had made him run on sticker balls. 

26. The two teachers told Investigator Jarvis that Kirby was affectionate to J.S. when Saleeby was present, but not as 
affectionate when Saleeby was absent. 

27. Jarvis is of the opinion that J.S. made a lot of developmental strides while in the home of Kirby and Saleeby. 

28. Jarvis believes Kirby was upset with J.S. concerning his defiance of her instructions to wear the corrective shoes 
or to wear them properly laced, and that Kirby made a conscious decision to tell J.S. not to wear shoes knowing that the 
"natural consequences" would be blisters. 

29. Based on her interviews with the two teachers, J.S., Kirby, Saleeby and Mrs. Baynes, Jarvis "substantiated" child 
neglect. 

30. A "Neglected Juvenile" is "[a] juvenile who does not receive proper care, supervision, or discipline from his parent, 
guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care or other 
remedial care recognized under State law, or who lives in an environment injurious to his welfare, or who has been placed 
for care or adoption in violation of law." G.S. 7A-5 17(21). 

31. The definition of an "Abused Juvenile" is set forth at G.S. 7A-517(1). The facts of this case do not fit the definition. 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2554 



CONTESTED CASE DECISIONS 



32. On September 7, 1994, Jarvis authored a report to Guilford County DSS finding that Kirby neglected J.S. by 
inappropriately disciplining him. Jarvis' decision was based on three conclusions: the punishment was too harsh for a child 
of J.S. 's age and resulted in injuries; the type of punishment had previously occurred and J.S. had previously sustained 
injuries as a result; and day care staff have reported that Kirby tends to overreact to minor behavior problems and that J.S. 
appears to be fearful of Kirby. 

Jarvis stressed in her report that Kirby and Saleeby have "... done a great deal of work in regard to J.S.'s 
physical and social development, which should not be overshadowed by this incident." 

Jarvis strongly recommended that Kirby participate in a program designed to assist in age appropriate, non-injurious 
discipline. Jarvis noted that Saleeby had not been found to be neglectful, but that it would be wise for Saleeby to participate 
in the program. See Exhibit J12. 

33. As a result of Jarvis' report, on September 7, 1994, Guilford County DSS completed a form, introduced into 
evidence as part of Exhibit J12, substantiating child abuse/neglect of J.S. by Kirby. There is a place on the form to circle 
either abuse, or neglect, or both. Neither term is circled. The form is vague, but the Administrative Law Judge construes 
it for purposes of this case as a finding of both abuse and neglect. 

34. As a result of Jarvis' report, on September 9, 1994. Guilford County Department of Social Services removed J.S., 
his two siblings, and one other child from the Kirby-Saleeby home. 

35. By November 16, 1994, Petitioners had completed a five session parenting class of the kind recommended by Jarvis. 

36. Sometime between December 1, 1994 and December 15, 1994. DHR revoked both Petitioners foster care licenses. 
See Exhibit J17. 

37. While Jarvis believes Kirby intended for J.S. to experience discomfort from not wearing his shoes, Jarvis does not 
believe Kirby was malicious. Jarvis believes both Kirby and Saleeby cared for J.S. 

38. Jarvis believes that Kirby was following a "natural consequences" theory of discipline to teach J.S. the consequences 
of leaving his shoes untied. 

39. Jarvis believes that any Child Protective Services worker would conclude that Kirby's requiring J.S. to play outside 
without his shoes, with the knowledge that his feet would be bruised and blistered, was neglect. 

40. Jarvis believes that J.S. and his siblings were not at risk. 

41. Jarvis did not know that her conclusion that Kirby abused J.S. would lead to an automatic revocation of Kirby's 
foster care license. 

42. Jarvis did not substantiate neglect or abuse against Saleeby. 

43. When J.S. was placed in the Kirby-Saleeby home, his femur bones were rotated out 40%. The orthopaedic shoes 
were designed over a period of time to help rotate the bones in. The shoes were prescribed by an orthopaedic doctor. 

44. Whenever J.S. was fitted with a new pair of shoes, they caused blisters. J.S. liked the first pair, but did not like 
subsequent pairs, primarily because other children teased him about the shoes. 

45. Kirby discussed alternative therapy with the orthopaedic doctor, but was told by him to keep the shoes on J.S. 

46. J.S. did not like to keep the shoes on and often defied Kirby's direction to keep them on and laced up. Kirby 
discussed this defiance with a psychologist. Dr. Courts. 

47. Dr. Courts discussed with Kirby a "natural consequences" theory of discipline to encourage J.S. to wear the shoes. 

48. Kirby employed "natural consequences" the first time in the spring of 1994 on a Saturday morning. J.S. did not 
have his shoes on. Kirby told him to put them on. and J.S. refused. Kirby said that was fine, but she wanted him to go 
outside to get the paper. J.S. got the paper, and when he returned, put his shoes on. When Kirby asked J.S. why he had 

2555 NORTH CAROLINA REGISTER January 2, 1996 10:19 



« 



CONTESTED CASE DECISIONS 



) 



put his shoes on, J.S. told her his feet hurt when he went outside without them on. 

49. The second time Kirby used "natural consequences" was the incident which led to the complaint to Guilford County 
DSS. The incident occurred on Thursday, July 19, 1994. 

50. Kirby testified that she came to the day care center to pick up J.S. and saw that his shoes were not tied. Kirby was 
angry that the teachers would not require J.S. to wear the shoes properly. 

51. Kirby testified at the hearing that when she got home with J.S. she sat him down and explained that he had to wear 
the shoes. Kirby testified that she told J.S. that if he did not want to wear them this one time, that he could take them off 
and see how it felt. 

52. Kirby testified that: J.S. took the shoes off and went outside to play soccer; Kirby began to fix dinner and at some 
point asked J.S. if he wanted to come in; J.S. said he did not; when dinner was ready, J.S. came in and put the shoes on. 

53. Kirby's testimony regarding the incident is different from Jarvis' understanding based on her interview of Kirby 
and Saleeby in the following respects: 

a. Jarvis understood that Kirby made J.S. take his shoes off; 

b. Jarvis understood that J.S. came inside at one point, rather than Kirby asking him if he wanted 
to, and that Kirby told him to go back outside. 

54. Kirby wrote an account of the incident in her Prehearing Statement filed February 6, 1995. Kirby wrote that when 
she picked up J.S. from day care, he was sitting in front of the T.V. with his shoes off. Kirby was upset because the T.V. 
was being used as a babysitter, the shows being watched were inappropriate, J.S. had his shoes off and the teachers were 
allowing him to take his shoes off. Kirby wrote that when they got home, she told J.S. to go up to his room and take off 
his shoes because telling him over and over again to wear them was not working. Kirby told J.S. that going without the 
shoes might change his mind. J.S. and his siblings went outside with Kirby and began playing soccer. J.S. would often 
say "ouch" and whine, but when Kirby asked him if he wanted to put his shoes on, he said "no". 

After a while, Kirby went inside to prepare dinner. Kirby called J.S. to come inside to wash up. When he went 
upstairs to wash up, J.S. put his boots back on. 

55. Kirby wrote that, at bath time, she noticed blisters on J.S.'s foot and one or two scrapes. Kirby put Neosporin 
ointment on and band-aids. 

56. Kirby wrote that she knew J.S. would hurt his foot a little by not wearing his shoes, but had no concern he would 
be seriously injured. 

57. The Administrative Law Judge finds as fact that Jarvis' understanding of the incident and Kirby's written account 
of it are materially similar and are an accurate account of the incident. 

58. Dr. Ruth Guyer is a board certified Family Practice physician who provided regular medical care to J.S. and his 
siblings. Kirby is the person who regularly brought the children for medical care. Guyer has never observed any neglect 
or abuse of the three children. 

59. Guyer is familiar with the "natural consequences" theory through her practice and conversations with her husband 
who is a board certified psychologist. The theory is to let children experience the natural consequences of their actions. 

60. Guyer testified that examples of "natural consequences" are: 

a. If a child is persistent in not getting dressed - tell the child she can go to school without any 
clothes on; 

b. If a child persistently slams drawers after being told not to - let the child experience a slammed 
finger. 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2556 



CONTESTED CASE DECISIONS 



61. Guyer testified it is an acceptable natural consequence if the child feels uncomfortable. It is not acceptable to put 
a child at risk of serious injury. 

62. Guyer does not believe the injury to J.S.'s feet was serious. 

63 . Guyer is required by law to report abuse or neglect if she observes it or leams of it. Guyer would not have reported 
the incident at issue in this case, because she does not believe it constitutes abuse or neglect. 

64. Dr. A.J. Courts, of Greensboro, North Carolina, began consulting with Petitioners and J.S. in September, 1993 
on a regular basis. When Dr. Courts first saw J.S., ". . . he was very passive and withdrawn, too stubborn to give any 
meaningful cooperation." Dr. Courts worked with the three in doing behavioral modification. 

65. Dr. Courts reported to Guilford County DSS in a letter dated September 1, 1994, that Kirby had been ". . . quite 
honest about saying she had become frustrated with [J.S.] and told him just to take his shoes off and go outside. His 
personality at this point is one in which he would just run and have a tendency to ignore any painful symptoms until later. " 

66. Dr. Courts concluded that, "I personally do not feel this was abuse, but a normal caretaker frustration that led to 
his hurting his feet." 

67. Sharon Lindenbaum has been an employee of the Forsyth County Department of Social Services for twenty three 
years. Currently, she works as a Child Support Agent. Lindenbaum has known Kirby and Saleeby for seven years. 

68. Lindenbaum has visited numerous clients' homes, and observed abuse and neglect. Lindenbaum does not believe 
Kirby abused or neglected J.S. 

69. Lindenbaum knows that J.S. did not like the orthopaedic shoes and constantly wanted to take them off. Lindenbaum 
believes Kirby and Saleeby to be extremely caring. 

70. Kirby and Saleeby had told Guilford County DSS they wanted to adopt J.S. and his siblings some time prior to the 
July 19, 1994 incident. 

71. Lindenbaum testified that not all complaints of abuse and neglect are investigated. Lindenbaum believes this 
complaint was investigated because Kirby and Saleeby are lesbians and Guilford County DSS did not want two lesbians to 
adopt children. Lindenbaum believes some referrals for investigation of abuse and neglect are made out of malice, and that 
she has made complaints to Child Protective Services that were more serious and nothing would be done. 

72. On October 15, 1993, Guilford County DSS had been ordered to process the children's case as an adoption. The 
children's case was transferred to the Adoption Unit at Guilford County DSS in May, 1994. On April 15, 1994, the court 
ordered that J.S. and his siblings remain in the custody of DSS (with Petitioners). Five days after the allegation of abuse 
was substantiated against Petitioners, DSS filed a Petition for Termination of Parental Rights to terminate the rights of the 
children's natural parents. 

73. Petitioners do not believe Jarvis, the investigator who conducted the Child Protective Services investigation in this 
case, had any improper motive in conducting her investigation or in coming to the conclusions she did. 

74. Lindenbaum and Jarvis have mutual respect for each other's professionalism. 
Based on the foregoing, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Three licenses will be dealt with by these Conclusions of Law: Kirby's as a foster parent; Saleeby's as a foster 
parent; and the Kirby-Saleeby as a family foster home. It is not clear from Respondent's Notice of Administrative Action 
that it has taken action against all three, because its December letter to Kirby and Saleeby states in the first line that the type 
of action taken is Revocation of Family Foster Home License. The parties have proceeded during the hearing of this case 
as if all three are at issue, so for that reason, all three licenses will be dealt with in these conclusions of law. 

2. If Respondent's December 1994 Notice of Administrative Action is an automatic revocation of Saleeby's individual 
2557 NORTH CAROLINA REGISTER January 2, 1996 10:19 



♦ 



CONTESTED CASE DECISIONS 



) 



license as a foster parent, the action is arbitrary and capricious and erroneous: 

a. Investigator Jarvis did not report to Guilford County DSS any substantiation of abuse or neglect 
against Saleeby. To the contrary, Jarvis wrote, "... Saleeby has not been found to be 
neglectful in regard to this incident . . . " in recommending Saleeby participate in parenting 
classes; 

b. The finding of "abuse/neglect" issued by Guilford County DSS on September 7, 1994 is addressed 
only to Kirby. 

As a result, there would be no basis for DHR to automatically revoke Saleeby's individual license as a foster parent 
pursuant to 10 NCAC 41F .0702(a). 

3. If Respondent's December 1994 Notice of Administrative Action is an automatic revocation of Kirby's individual 
license as a foster parent because of a finding of abuse by Guilford County DSS, the action is arbitrary and capricious and 
erroneous. There is no finding of abuse by Investigator Jarvis in her report dated September 7, 1994 to Guilford County 
DSS. There is no evidence of action which meets the definition of abuse. The Administrative Law Judge believes Guilford 
County DSS simply failed to make clear in its form letter to Kirby dated September 7, 1994 that its action was based on a 
substantiation of neglect . If, however, Guilford County DSS meant to conclude that Kirby abused J.S., the conclusion is 
unsupported by any report or evidence and is, therefore, arbitrary and capricious and erroneous. 

4. The Respondent's action in issuing the Notice of Administrative Action against the Kirby-Saleeby family foster home 
license is not arbitrary or capricious: 

a. DHR acted as required by 10 NCAC 41F .0702(a) when it received a substantiation of 
"abuse/neglect" against Kirby; 

b. Even though there was no substantiation of abuse or neglect against Saleeby, the rules governing 
family foster homes make it clear it ". is a place of residence of a family, person or persons 
who are licensed to provide full time foster care services. ..." 10 NCAC 41F .0601 . Family 
foster home licenses are automatically revoked when an agency such as Guilford County DSS 
finds the foster parent has abused or neglected a child; 

c. The administrative rules reflect common sense that if one parent in the residence is abusive or 
neglectful towards the foster children, the residence itself cannot function as a proper family foster 
home. 

5. The Respondent's action in issuing the Notice of Administrative Action against the Kirby-Saleeby family foster home 
license is erroneous because the whole record available to the Administrative Law Judge after a hearing leads to the 
conclusion that Kirby did not neglect J.S. 

The record as a whole shows that J.S. was a child with severe developmental and behavioral problems who was 
defiant to Kirby about wearing the orthopaedic shoes. Kirby had sought alternatives to the source of conflict - the shoes - 
by talking to the orthopaedic doctor who prescribed them, but was told to keep them on J.S. unless he was sleeping or in 
the water. Kirby had consulted Dr. Courts regarding how to work with J.S. Dr. Courts emphasized behavior modification, 
such as "natural consequences. " 

Kirby became frustrated with J.S.'s defiance and the lack of cooperation of certain teachers at the day care center, 
and on July 19, 1994, told J.S. to take off the shoes, go outside and play and see how it felt. The consequence was that 
Kirby suffered predictable minor injuries to his feet. 

This very well could be a neglectful act or even an abusive act in a different context. But Kirby was not malicious; 
Jarvis testified to that. Kirby was following the "natural consequences" behavior modification theory; Jarvis testified to that. 
Kirby had done a great deal of work in furthering J.S.'s physical and social development; Jarvis testified to that. J.S. was 
not at risk; Jarvis testified to that. And Jarvis felt that the proper remedy for the problem was parenting classes, which Kirby 
and Saleeby attended. Jarvis did not know that her "substantiation" of neglect would result in J.S. being removed from the 
Kirby-Saleeby foster home and it was not a result Jarvis intended. 



10:19 NORTH CAROLINA REGISTER January 2, 1996 2558 



CONTESTED CASE DECISIONS 



After the licensure revocation, Dr. Courts, a medical doctor who had worked with J.S. and Kirby, and who was 
fully familiar with the facts, gave the opinion that Kirby had not abused J.S. Dr. Courts wrote that, when he had initially 
begun treating J.S. he was "... too stubborn to give any meaningful cooperation." 

Dr. Guyer testified at the hearing with full knowledge of the facts. Dr. Guyer gave the opinion that Kirby had not 
neglected J.S. 

6. J.S.'s refusal to wear the orthopaedic shoes was not a minor behavior problem. When J.S. continued a pattern of 
resisting wearing the shoes, Kirby did not improperly discipline J.S. Kirby did not neglect J.S. 

7. The substantiation of neglect by Guilford County DSS is unsupported by the record as a whole, which is properly 
considered by the Administrative Law Judge after a due process hearing. See Dockerv v. DHR , No. COA94-1039. filed 
21 November 1995. 

8. The automatic revocation of Kirby and Saleeby's family foster home was erroneous. 
Based on the foregoing, the undersigned makes the following: 

RECOMMENDED DECISION 

Kirby and Saleeby's family foster home license should be reinstated. Any other foster parent license that DHR may 
have revoked automatically should be reinstated. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina Genera] Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Secretary of the Department of Human 
Resources. 



This the 7th day of December, 1995. 



Thomas R. West 
Administrative Law Judge 



2559 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to 
be used by agencies when appropriate. 



) 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


g 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis .. 
Foresters 


19 


13 


Labor 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


•21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



10.19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2560 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



ACUPUNCTURE LICENSING BOARD 



21 


NCAC 01 .0101 




10:02 NCR 150 


07/01/95 




.0201 




10:07 NCR 585 


10/01/95 




.0401 - 


.0402 


10:02 NCR 150 


07/01/95 




.0501 




10:07 NCR 585 


10/01/95 




.0701 




10:07 NCR 585 


10/01/95 




.0702- 


.0704 


10:16 NCR 2027 


02/01/96 




.0705 




10:17 NCR 2228 






.0706 - 


.0707 


10:16 NCR 2027 


02/01/96 




.0709 




10:17 NCR 2228 






.0710 - 


.0711 


10:16 NCR 2027 


02/01/96 


\DI 

1 


vIINISTRATION 

NCAC 05 A .0001 - 


.0002 


10:16 NCR 1651 


02/01/96 




.0004 




10:16 NCR 1651 


02/01/96 




.0009 - 


.0010 


10:16 NCR 1651 


02/01/96 




.0012 




10:16 NCR 1651 


02/01/96 




05B .0101 - 


.0103 


10:16 NCR 1651 


02/01/96 




.0201 




10:16 NCR 1651 


02/01/96 




.0203 - 


.0204 


10:16 NCR 1651 


02/01/96 




.0206 - 


.0210 


10:16 NCR 1651 


02/01/96 




.0301 - 


.0314 


10:16 NCR 1651 


02/01/96 




.0401 - 


.0404 


10:16 NCR 1651 


02/01/96 




.0501 - 


.0503 


10:16 NCR 1651 


02/01/96 




.0601 - 


.0602 


10:16 NCR 1651 


02/01/96 




.0701 - 


.0702 


10:16 NCR 1651 


02/01/96 




0801 - 


.0808 


10:16 NCR 1651 


02/01/96 




.0810 




10:16 NCR 1651 


02/0' /y 




.0901 - 


.0902 


10:16 NCR 1651 


02/01/96 




.0904 - 


.0906 


10:16 NCR 1651 


02/01/96 




.1001 - 


.1003 


10:16 NCR 1651 


02/01/96 




.1101 




10:16 NCR 1651 


02/01/96 




.1103 - 


.1104 


10:16 NCR 1651 


02/01/96 




.1106 




10:16 NCR 1651 


02/01/96 




.1108 




10:16 NCR 1651 


02/01/96 




.1201 - 


.1202 


10:16 NCR 1651 


02/01/96 




1301 - 


.1302 


10:16 NCR 1651 


02/01/96 




.1401 - 


.1403 


10:16 NCR 1651 


02/01/96 




.1501 - 


.1513 


10:16 NCR 1651 


02/01/96 




.1516- 


.1521 


10:16 NCR 1651 


02/01/96 




.1601 - 


.1603 


10:16 NCR 1651 


02/01/96 




.1701 - 


.1703 


10:16 NCR 1651 


02/01/96 




.1801 - 


.1804 


10:16 NCR 1651 


02/01/96 




.1901 




10:16 NCR 1651 


02/01/96 




.1903 




10:16 NCR 1651 


02/01/96 




.1906 - 


.1907 


10:16 NCR 1651 


02/01/96 




.1909 




10:16 NCR 1651 


02/01/96 




05C .0601 - 


.0602 


10:16 NCR 1651 


02/01/96 




.0701 - 


.0704 


10:16 NCR 1651 


02/01/96 




.0708 




10:16 NCR 1651 


02/01/96 




.0711 




10:16 NCR 1651 


02/01/96 




.0717 - 


.0718 


10:16 NCR 1651 


02/01/96 




.0720 




10:16 NCR 1651 


02/01/96 




.0722 




10:16 NCR 1651 


02/01/96 




.0803 - 


.0804 


10:16 NCR 1651 


02/01/96 




.0903 




10:16 NCR 1651 


02/01/96 




.1008 - 


.1009 


10:16 NCR 1651 


02/01/96 




05D .0101 - 


.0102 


10:16 NCR 1651 


02/01/96 




.0201 - 


.0206 


10:16 NCR 1651 


02/01/96 




.0208 - 


.0210 


10:16 NCR 1651 


02/01/96 




.0301 - 


.0303 


10:16 NCR 1651 


02/01/96 




.0401 - 


.0403 


10:16 NCR 1651 


02/01/96 




.0501 - 


0509 


10:16 NCR 1651 


02/01/96 



08/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 



2561 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



• 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



39 



.0101 
.0201 



ADMINISTRATIVE HEARINGS 

26 NCAC 02A .0101 - .0102 



) 





.0201 - 


.0212 




.0301 






.0303 






.0401 - 


.0406 




.0501 - 


.0507 


02B 


.0101 






.0103 - 


.0104 




.0201 - 


.0204 




.0301 - 


.0304 




.0401 




02C 


.0101 - 


.0109 




.0201 - 


.0206 




.0301 - 


.0305 




.0401 - 


.0409 




.0501 - 


.0503 


AGRICULTURE 






2 NCAC 09L 


.1806 




34 


.0904 
.0904 




48A 


.1702 




48C 


.0029 




52B 


.0207 
.0212 
.0302 




52C 


.0105 





ARCHITECTURE 

21 NCAC 02 .0208 
02 .0301 



.0302 



AUCTIONEERS 

21 NCAC 04B .0103 

.0201 - .0202 

.0403 

.0505 

.0601 - .0602 

BARBER EXAMINERS 

21 NCAC 06H .0002 
06J .0002 
06K .0003 



21 



ft 



08A 


.0301 


08F 


.0103 




.0105 




.0113 


08G 


.0401 




.0404 




.0409 


081 


.0004 


08J 


.0001 




.0005 




.0006 




.0008 


08M 


.0102 



10:16 NCR 1672 


02/01/96 


10:16 NCR 1672 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 2160 


02/01/96 


10:16 NCR 1674 


03/01/96 


10:04 NCR 228 


08/01/95 


10:07 NCR 430 


11/01/95 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:15 NCR 1432 


02/01/96 


10:12 NCR 985 


12/01/95 


10:10 NCR 829 


07/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2028 


03/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


T EXAMINERS 




10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:16 NCR 2033 


02/01/96 


10:04 NCR 255 


08/01/95 


10:04 NCR 255 


08/01/95 



N/A 
11/01/95 



Renoticed in 10:7 



12/01/95 
07/01/96 



08/01/95 
08/01/95 
08/01/95 



08/01/95 

08/01/95 
N/A 



RRC Obj./Rule Withdrawn 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2562 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 









.0102 - 


.0103 


10:16 NCR 2033 


02/01/96 




.0104 




10:04 NCR 255 


08/01/95 




.0206 - 


.0207 


10:16 NCR 2033 


02/01/96 




.0304 




10:16 NCR 2033 


02/01/96 




.0306 




10:04 NCR 255 


08/01/95 




.0401 




10:04 NCR 255 


08/01/95 




.0401 - 


.0402 


10:16 NCR 2033 


02/01/96 


08N 


.0203 




10:04 NCR 255 


08/01/95 




.0302 




10:04 NCR 255 


08/01/95 




.0306 




10:16 NCR 2033 


02/01/96 




.0307 




10:04 NCR 255 


08/01/95 


CHIROPRACTIC 


EXAMINERS 






21 NCAC 10 


.0203 




10:04 NCR 261 


08/01/95 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102- 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234 - 


.0235 


10:16 NCR 1675 


06/01/96 




.0402- 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 




.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 




.0206 




10:16 NCR 1675 


06/01/96 




.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 




.0308 - 


.0309 


10:16 NCR 1675 


06/01/96 




.0409 - 


.0411 


10:16 NCR 1675 


06/01/96 




.0502 




10:16 NCR 1675 


06/01/96 




.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 




.0604 




10:16 NCR 1675 


06/01/96 




.0606 




10:16 NCR 1675 


06/01/96 




.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 




.0711 




10:16 NCR 1675 


06/01/96 




.1104 - 


.1108 


10:16 NCR 1675 


06/01/96 


06C 


.0203 
.0205 
.0407 
.0409 




10:05 NCR 300 
10:18 NCR 2398 
10:18 NCR 2398 
10:18 NCR 2398 


09/01/95 


10 






10:15 NCR 1428 




19L 


.0401 




10:16 NCR 1698 


02/01/96 




.0403 




10:16 NCR 1698 


02/01/96 




.0407 




10:16 NCR 1698 


02/01/96 




.0501 - 


.0502 


10:16 NCR 1698 


02/01/96 




.0505 




10:16 NCR 1698 


02/01/96 




.0802 




10:16 NCR 1698 


02/01/96 



i 



08/01/95 



08/01/95 
08/01/95 

08/01/95 
08/01/95 

08/01/95 



08/01/95 



« 



Rule-Making Proceeding 
Rule-Making Proceeding 
Rule-Making Proceeding 
Public Notice 



♦ 



2563 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal 






Other Information 


Note 


Effective 


State 


Local 


Date 



) 



I 



.0805 




10 


16 NCR 1698 


02/01/96 


.0901 




10 


16 NCR 1698 


02/01/96 


.0906 - 


.0907 


10 


16 NCR 1698 


02/01/96 


.0911 




10 


16 NCR 1698 


02/01/96 


.1002 




10 


16 NCR 1698 


02/01/96 


.1004 




10 


16 NCR 1698 


02/01/96 


.1009 




10 


16 NCR 1698 


02/01/96 


.1301 - 


.1303 


10 


16 NCR 1698 


02/01/96 


.1701 - 


.1703 


10 


16 NCR 1698 


02/01/96 


.1801 - 


.1803 


10 


16 NCR 1698 


02/01/96 


COMMUNITY COLLEGES 






23 NCAC 02C .0108 




10:03 NCR 208 


09/01/95 


.0210 




10:07 NCR 587 


01/01/96 


.0211 




10:03 NCR 208 


09/01/95 


.0301 




10:07 NCR 587 


01/01/96 


.0306 




10:03 NCR 208 


09/01/95 


02E .0403 




10:07 NCR 587 


01/01/96 


CORRECTION 








5 NCAC 05 .0001 




10:01 NCR 12 


07/01/95 


COSMETIC ART EXAMINERS 






21 NCAC 14B .0604 




10 


12 NCR 985 


12/01/95 


14J .0502 




10 


14 NCR 1380 


01/01/96 


14L .0301 - 


.0302 


10 


14 NCR 1380 


01/01/96 


14N .0106 - 


.0108 


10 


14 NCR 1380 


01/01/96 


.0112 




10 


14 NCR 1380 


01/01/96 


CULTURAL RESOURCES 






7 NCAC 02F .0002 




10:01 NCR 12 


07/01/95 


05 .0200 




10:18 NCR 2398 




DIETETICS/NUTRITION 






21 NCAC 17 .0101 - 


.0102 


10:16 NCR 2046 


02/01/96 


.0104 




10:16 NCR 2046 


02/01/96 


.0107 




10:16 NCR 2046 


02/01/96 


.0113 - 


.0114 


10:16 NCR 2046 


02/01/96 


.0301 - 


.0304 


10:16 NCR 2046 


02/01/96 


.0401 - 


.0402 


10:16 NCR 2046 


02/01/96 


DENTAL EXAMINERS 








21 NCAC 16 




10:16 NCR 2043 


05/01/96 


21 NCAC 16H .0104 




10:16 NCR 2043 


05/01/96 


.0202 - 


.0203 


10:16 NCR 2043 


05/01/96 


16T .0001 - 


.0002 


10:16 NCR 2043 


05/01/96 


16U .0101 - 


.0102 


10:16 NCR 2043 


05/01/96 


.0201 - 


.0204 


10:16 NCR 2043 


05/01/96 


ELECTRICAL CONTRACTORS 






21 NCAC 18B 0103 




10:15 NCR 1579 


02/01/96 


.0207 




10:15 NCR 1579 


02/01/96 


.0303 




10:15 NCR 1579 


02/01/96 


.0402 




10:15 NCR 1579 


02/01/96 


.0601 




10:15 NCR 1579 


02/01/96 


.0902 - 


.0903 


10:15 NCR 1579 


02/01/96 


.0905 




10:15 NCR 1579 


02/01/96 


ELECTROLYSIS EXAMINERS 






21 NCAC 19 .0104 




10:11 NCR 907 


12/01/95 


.0204 




10:11 NCR 907 


12/01/95 


.0616 




10 


:11 NCR 907 


12/01/95 



12/01/95 
12/01/95 
12/01/95 

07/01/95 



08/01/95 



Rule-Making Proceeding 



Notice on Subject Matter 



12/01/95 
12/01/95 
12/01/95 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2564 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



ENVIRONMENT, HEALTH, AND 

ISA NCAC 



NATURAL RESOURCES 



01 




10:18 NCR 2317 




01C .0101 




10:16 NCR 1828 


02/01/96 


.0503 - 


.0504 


10:16 NCR 1828 


02/01/96 


01K 




10:19 NCR 2506 




02 




10:18 NCR 2316 




02 




10:18 NCR 2317 




02B .0101 




10:01 NCR 13 




.0104 




10:01 NCR 13 




.0202 




10:01 NCR 13 




.0211 




10:01 NCR 13 




.0216 




10:16 NCR 1838 


02/01/96 


.0224 - 


.0225 


10:16 NCR 1838 


02/01/96 


.0224 




10:18 NCR 2400 




.0227 




10:18 NCR 2400 




.0301 




10:01 NCR 13 




.0303 




10:08 NCR 661 


11/01/95 


.0303 




10:18 NCR 2400 




.0304 




10:04 NCR 246 


01/01/96 


.0304 




10:05 NCR 301 


11/01/95 


.0304 




10:15 NCR 1515 


04/01/96 


.0304 




10:16 NCR 1846 


05/01/96 


.0308 - 


.0310 


10:08 NCR 661 


11/01/95 


.0308 




10:08 NCR 661 


02/01/96 


.0313 




10:11 NCR 901 


02/01/96 


.0315 - 


.0316 


10:08 NCR 661 


11/01/95 


.0315 




10:08 NCR 661 


02/01/96 


.0315 




10:16 NCR 1835 


05/01/96 


.0316 




10:04 NCR 246 


01/01/96 


02C .0201 - 


.0216 


10:16 NCR 1848 


05/01/96 


02D .0101 




10:16 NCR 1867 


05/01/96 


.0501 




10:16 NCR 1867 


05/01/96 


.0516 




10:16 NCR 1867 


05/01/96 


.0518 - 


.0519 


10:16 NCR 1867 


05/01/96 


.0520 




10:01 NCR 13 


07/01/95 


.0520 




10:16 NCR 1867 


05/01/96 


.0521 




10:16 NCR 1867 


05/01/96 


.0524 - 


..0525 


10:16 NCR 1867 


05/01/96 


.0531 




10:01 NCR 13 


07/01/95 


.0531 




10:15 NCR 1515 


04/01/96 


.0533 




10:16 NCR 1867 


05/01/96 


.0535 




10:16 NCR 1867 


05/01/96 


.0537 




10:16 NCR 1867 


05/01/96 


.0539 




10:16 NCR 1867 


05/01/96 


.0601 




10:16 NCR 1867 


05/01/96 


.0604 




10:16 NCR 1867 


05/01/96 


.0608 




10:16 NCR 1867 


05/01/96 


.0804 - 


.0805 


10:15 NCR 1515 


04/01/96 


.0901 




10:15 NCR 1515 


04/01/96 


.0902 




10:01 NCR 13 


07/01/95 


.0902 




10:16 NCR 1867 


05/01/96 


.0909 




10:01 NCR 13 


07/01/95 


.0917 - 


.0924 


10:15 NCR 1515 


04/01/96 


.0926 - 


.0928 


10:15 NCR 1515 


04/01/96 


.0929 




10:16 NCR 1867 


05/01/96 


.0934 - 


.0935 


10:15 NCR 1515 


04/01/96 


.0937 




10:15 NCR 1515 


04/01/96 


.0951 




10:15 NCR 1515 


04/01/96 


.0952 




10:01 NCR 13 


07/01/95 


.0953 - 


.0954 


10:15 NCR 1515 


04/01/96 


.1109- 


.1111 


10:16 NCR 1867 


05/01/96 


.1202 




10:16 NCR 1867 


05/01/96 


.1204 - 


.1206 


10:16 NCR 1867 


05/01/96 



i 



01/01/96 
11/01/95 



Rule-Making Agenda 



Rule-Making Proceeding 
Public Notice/303(d) list 
Rule-Making Agenda 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



Rule-Making Proceeding 
Rule-Making Proceeding 
Correction to Notice 

Rule-Making Proceeding 



01/01/96 



♦ 



07/01/95 



07/01/95 
07/01/95 



07/01/95 



< 



2565 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



' 



Agency/Ride Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



) 



ft 





.1301 - 


.1302 


10:15 NCR 1515 


04/01/96 










.1304 




10:15 NCR 1515 


04/01/96 










.1402 




10:01 NCR 13 


07/01/95 


X 


X 


07/01/95 




.1406 




10:01 NCR 13 


07/01/95 


X 


X 






.1409 




10:01 NCR 13 


07/01/95 


X 


X 






.1701 - 


.1702 


10:01 NCR 13 


07/01/95 


X 


X 






.1801 - 


.1803 


10:01 NCR 13 


07/01/95 


X 


X 






.1901 - 


.1906 


10:16 NCR 1867 


05/01/96 




X 




02H 


.0219 
.0610 




10:14 NCR 1325 
10:16 NCR 1867 


05/01/96 
05/01/96 








02L 


.0106 




10:19 NCR 2508 








01/02/96 


02P 


.0402 




10:19 NCR 2512 








01/02/96 


02Q 


.0102 




10:16 NCR 1867 


05/01/96 










.0103 




10:16 NCR 1867 


05/01/96 


X 


X 






.0109 




10:16 NCR 1867 


05/01/96 










.0201 - 


.0204 


10:16 NCR 1867 


05/01/96 










.0207 




10:16 NCR 1867 


05/01/96 










.0302 




10:16 NCR 1867 


05/01/96 










.0311 




10:16 NCR 1867 


05/01/96 










.0401 - 


.0418 


10:15 NCR 1515 


04/01/96 










.0501 - 


.0503 


10:16 NCR 1867 


05/01/96 










.0507 - 


.0508 


10:16 NCR 1867 


05/01/96 










.0526 




10:16 NCR 1867 


05/01/96 








03 






10:15 NCR 1515 


03/01/96 








03 






10:18 NCR 2317 










031 


.0001 
.0005 
.0018 




10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 








03J 


.0103 - 


.0104 


10:14 NCR 1336 


03/01/96 










.0107 




10:14 NCR 1336 


03/01/96 


X 








.0202 




10:14 NCR 1336 


03/01/96 










.0301 




10:14 NCR 1336 


03/01/96 










.0401 




10:14 NCR 1336 


03/01/96 










.0402 




10:14 NCR 1336 


03/01/96 










.0403 




10:15 NCR 1515 


03/01/96 








03K 


.0104 - 


.0105 


10:14 NCR 1336 


03/01/96 










.0201 - 


.0202 


10:14 NCR 1336 


03/01/96 








03 L 


.0301 - 


.0302 


10:14 NCR 1336 


03/01/96 








03M 


.0202 
.0204 
.0301 
.0501 




10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 
03/01/96 










.0503 - 


.0504 


10:14 NCR 1336 


03/01/96 










.0506 - 


.0507 


10:14 NCR 1336 


03/01/96 










.0510 - 


.0511 


10:14 NCR 1336 


03/01/96 










.0512 




10:14 NCR 1336 


03/01/96 








03R 


.0003 - 

.0007 

.0011 


.0005 


10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 








NPDES Permit 






10:02 NCR 56 










04A 


.0001 




10:07 NCR 579 


10/01/95 






10/01/95 




.0005 




10:07 NCR 579 


10/01/95 






10/01/95 


04B 


.0016 




10:07 NCR 579 


10/01/95 






10/01/95 




.0020 




10:07 NCR 579 


10/01/95 






10/01/95 




.0028 




10:02 NCR 149 


07/01/95 






08/01/95 




.0029 - 


.0030 


10:07 NCR 579 


10/01/95 






10/01/95 


04C 


.0007 - 


.0008 


10:07 NCR 579 


10/01/95 






10/01/95 




.0010 




10:07 NCR 579 


10/01/95 






10/01/95 


04D 


.0002- 


.0003 


10:07 NCR 579 


10/01/95 






10/01/95 


07 






10:18 NCR 2317 










07B 


.0101 




10:09 NCR 751 


12/01/95 


X 


X 






.0201 - 


.0216 


10:09 NCR 751 


12/01/95 


X 


X 






.0401 - 


.0406 


10:09 NCR 751 


12/01/95 


X 


X 





Temporary Amendmert Eff. 1/2/96 
Temporary Amendmert Eff. 1/2/96 



Notice on Subject Matter 
Rule-Making Agenda 



Rule-Making Agenda 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2566 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



10B 



.0501 

07H .0106 
.0208 
.0208 
.0305 
.0308 
.0308 
.0309 - 
.1705 
.2201 - 
.2203 
.2204 - 
.2301 - 

07K .0103 

07L 

07M .0300 
.0300 
.0400 
.0115 
.0115 - 
.0201 - 
.0202 - 
.0202 
.0208 - 
.0214 
.0214 
0220 
.0302 - 
.0205 
.0301 - 
.0305 
.0401 
.0404 
.0404 
.0407 
.0407 

10D .0002 - 
.0002 - 
.0003 
.0003 
.0100 
.0313 
.0317 
.0323 - 
.0339 
.0339 
.0360 
.0003 



10C 



10F 



.0507 



.0310 

.2202 

.2205 
.2305 



0116 
0203 
0203 

0209 



0303 
0302 



0003 
0004 



.0324 



10K 
Wildlife Proclamation/Striped Bass 



11 

12 

13 
13A 

13B 



.0349 



.0006 

.0019 

.0101 

.0103 

.0503 

.0802 - .0829 

.0901 - .0905 

.1401 - .1409 

.1627 



751 

204 
204 

:o4 



10:09 NCR 751 
10:16 NCR 1921 
10:03 NCR 197 
10:15 NCR 1552 
10:15 NCR 1552 
10:09 NCR 751 
10:15 NCR 1921 
10:09 NCR 751 
10:09 NCR 
10:03 NCR 
10:03 NCR 
10:03 NCR 
10:15 NCR 1552 
10:09 NCR 751 
10:16 NCR 1921 
10:16 NCR 1921 
10:19 NCR 2480 
10:16 NCR 1921 
10:06 NCR 338 
10:16 NCR 1922 
10:16 NCR 1923 
10:01 NCR 26 
10:04 NCR 249 
10:16 NCR 1923 
10:01 NCR 26 
10:16 NCR 1923 
10:16 NCR 1923 
10:16 NCR 1923 
10:16 NCR 1923 
10:16 NCR 1923 
10:16 NCR 1923 
10:16 NCR 1923 
10:06 NCR 338 
10:16 NCR 1923 
10:06 NCR 338 
10:16 NCR 1923 
10:01 NCR 26 
10:16 NCR 1923 
10:04 NCR 250 
10:06 NCR 338 
10:19 NCR 2506 
10:06 NCR 338 
10:01 NCR 26 
10:11 NCR 904 
10:13 NCR 1159 
10:15 NCR 1565 
10:13 NCR 1159 
10:13 NCR 1159 
10:02 NCR 57 
10:03 NCR 195 
10:18 NCR 2317 
10:16 NCR 1958 
10:18 NCR 2317 
10:18 NCR 2317 
10:13 NCR 1160 
10:13 NCR 1160 
10:06 NCR 350 
10:06 NCR 350 
10:06 NCR 350 
10:06 NCR 350 
10:16 NCR 1959 
10:16 NCR 1959 
10:06 NCR 350 



12/01/95 
04/01/96 
12/01/95 
03/01/96 
03/01/96 
12/01/95 
03/01/96 
02/01/96 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
03/01/96 
12/01/95 
04/01/96 
04/01/96 

02/01/97 
10/01/95 
07/01/96 
07/01/96 
07/01/95 
08/01/95 
07/01/96 
07/01/95 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
12/01/95 
07/01/96 
12/01/95 
07/01/96 
07/01/95 
07/01/96 
08/01/95 
09/01/95 

10/01/95 
07/01/95 
12/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
04/10/95 
04/15/95 

05/01/96 



01/01/96 
01/01/96 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
04/01/96 
04/01/96 
10/01/95 



I 



Notice on Subject Matter 



Notice of Subject Matter 
Notice of Subject Matter 
Change in Location of Hearings 
Notice of Subject Matter 



11/01/95 



07/01/95 
09/01/95 

07/01/95 



12/01/95 
12/01/95 
07/01/95 
09/01/95 



10/01/95 
07/01/95 
12/01/95 



10/01/95 
10/01/95 
10/01/95 
10/01/95 



N/A 



♦ 



Rule-Making Proceeding 



Rule-Making Agenda 

Rule-Making Agenda 
Rule-Making Agenda 



< 



Agency Did Not Adopt 



2567 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



I 



16 






10:18 NCR 2317 




16A 


.1001 




10:07 NCR 582 


01/01/96 




.1002- 


.1006 


10:07 NCR 582 


01/01/96 


18 






10:18 NCR 2317 




18A 


.1720 




10:16 NCR 1977 


04/01/96 




.1722- 


.1723 


10:16 NCR 1977 


04/01/96 




.1725 - 


.1727 


10:16 NCR 1977 


04/01/96 




.1801 - 


.1814 


10:13 NCR 1160 


01/01/96 




.1818 




10:13 NCR 1160 


01/01/96 




.2508 




10:06 NCR 350 


01/01/96 




.2509 




10:06 NCR 350 


01/01/96 




.2510 - 


.2511 


10:06 NCR 350 


01/01/96 




.2516 - 


.2519 


10:06 NCR 350 


01/01/96 




.2521 - 


.2524 


10:06 NCR 350 


01/01/96 




.2526 




10:06 NCR 350 


01/01/96 




.2528 - 


.2535 


10:06 NCR 350 


01/01/96 




.2537 




10:06 NCR 350 


01/01/96 




.2540 - 


.2542 


10:06 NCR 350 


0W01/96 




.2543 




10:06 NCR 350 


01/01/96 




.2601 - 


.2602 


10:13 NCR 1160 


01/01/96 




.2618 




10:13 NCR 1160 


01/01/96 




.2624 




10:13 NCR 1160 


01/01/96 




.2632 




10:13 NCR 1160 


01/01/96 




.2635 - 


.2636 


10:13 NCR 1160 


01/01/96 




.2702 




10:16 NCR 1977 


04/01/96 




.3101 - 


.3106 


10:16 NCR 1977 


04/01/96 


19 






10:18 NCR 2317 




19A 


.0401 




10:06 NCR 350 


10/01/95 




.0406 




10:06 NCR 350 


10/01/95 




.0502 




10:06 NCR 350 


10/01/95 


19C 


.0206 




10:05 NCR 305 


10/01/95 




.0601 - 


0603 


10:16 NCR 1977 


04/01/96 




.0605 - 


.0609 


10:16 NCR 1977 


04/01/96 




.0611 




10:16 NCR 1977 


04/01/96 


19H 


.0702 




10:07 NCR 582 


10/01/95 


20 






10:18 NCR 2317 




20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 




.0236 




10:13 NCR 1160 


01/01/96 




.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 




.0247 - 


.0252 


10:13 NCR 1160 


01/01/96 


21 






10:18 NCR 2317 




21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 




.0804 




10:13 NCR 1160 


01/01/96 




.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 




.1105 




10:13 NCR 1160 


01/01/96 


23 






10:18 NCR 2317 




24 






10:18 NCR 2317 




24A 


.0102 




10:13 NCR 1160 


01/01/96 




.0202 - 


.0204 


10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 




.0404 




10:06 NCR 350 


10/01/95 


25 






10:18 NCR 2317 






.0213 




10:16 NCR 1996 


04/01/96 


FINAL DECISION LETTERS 






Voting Rights Act 






10:01 NCR 02 
10:03 NCR 194 
10:05 NCR 298 
10:10 NCR 825 
10:11 NCR 889 
10:13 NCR 1084 
10:15 NCR 1429 
10:17 NCR 2227 





Rule-Making Agenda 
Rule-Making Agenda 



01/01/96 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
N/A 



RRC Obj/Rule Withdrawn 



Agency Did Not Adopt 



Rule-Making Agenda 



10/01/95 
10/01/95 
10/01/95 



N/A Withdrawn by Agency 

Rule-Making Agenda 



Rule-Making Agenda 



10/01/95 



Rule-Making Agenda 
Rule-Making Agenda 



Rule-Making Agenda 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2568 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 









10:19 NCR 2478 




GENERAL CONTRACTORS LICENSING BOARD 




21 NCAC 12 


.0302 




10:11 NCR 906 


12/01/95 




.0410 




10:11 NCR 906 


12/01/95 


GENERAL STATUTES 








Chapter 150B 






10:13 NCR 1062 




GOVERNOR'S EXECUTIVE ORDERS 




Number 72 






10:01 NCR 01 




Number 73 






10:02 NCR 54 




Number 74 






10:02 NCR 54 




Number 75 






10:03 NCR 191 




Number 76 






10:03 NCR 191 




Number 77 






10:05 NCR 297 




Number 78 






10:06 NCR 336 




Number 79 






10:07 NCR 427 




Number 80 






10:07 NCR 427 




Number 81 






10:08 NCR 639 




Number 82 






10:10 NCR 823 




Number 83 






10:10 NCR 823 




Number 84 






10:12 NCR 981 




Number 85 






10:13 NCR 1061 




Number 86 






10:13 NCR 1061 




Number 87 






10:17 NCR 2222 




Number 88 






10:17 NCR 2222 




Number 89 






10:17 NCR 2222 




HEARING AJD DEALERS AND FITTERS BOARD 




21 NCAC 22A 


.0203 




10:16 NCR 2053 


02/01/96 




.0309 




10:16 NCR 2053 


02/01/96 


22F 


.0003 - 


.0004 


10:16 NCR 2053 


02/01/96 




.0007 - 


.0008 


10:16 NCR 2053 


02/01/96 




.0013 - 


.0014 


10:16 NCR 2053 


02/01/96 




.0016 




10:16 NCR 2053 


02/01/96 




.0018 




10:16 NCR 2053 


02/01/96 




.0020 - 


.0021 


10:16 NCR 2053 


02/01/96 


221 


.0008 - 


.0009 


10:16 NCR 2053 


02/01/96 


22K 


.0004 - 


.0005 


10:16 NCR 2053 


02/01/96 


22L 


.0001 




10:16 NCR 2053 


02/01/96 




.0005 - 


.0006 


10:16 NCR 2053 


02/01/96 




.0009 - 


.0011 


10:16 NCR 2053 


02/01/96 




.0013 - 


.0015 


10:16 NCR 2053 


02/01/96 


HUMAN RESOURCES 








10 NCAC 03 






10:18 NCR 2399 




03C 


.5301 




10:14 NCR 1232 


03/01/96 




.5401 - 


.5414 


10:14 NCR 1232 


03/01/96 


03 D 


.0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 641 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 


03 H 


.0108 - 


.0109 


10:02 NCR 58 


09/01/95 




.0206 - 


.0220 


10:02 NCR 58 


09/01/95 




.0306 - 


.0318 


10:02 NCR 5S 


09/01/95 




.0407- 


.0409 


10:02 NCR 58 


09/01/95 




.0505 - 


.0507 


10:02 NCR 58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 58 


09/01/95 




.0605 - 


.0609 


10:02 NCR 58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 58 


09/01/95 



12/01/95 
12/01/95 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 
10/27/95 
10/27/95 
10/31/95 



11/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



t 



« 



Rule-Mating Proceeding 






2569 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



» 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 
Effective 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 




Date 



) 



I 



.0810 - 


.0812 


10:02 NCR 


58 


09/01/95 


.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 


.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 


.1105 - 


.1109 


10:02 NCR 


58 


09/01/95 


.1130- 


.1136 


10:02 NCR 


58 


09/01/95 


.1150 - 


.1163 


10:02 NCR 


58 


09/01/95 


.1204 - 


.1208 


10:02 NCR 


58 


09/01/95 


.1210 




10:02 NCR 


58 


09/01/95 


.1306 - 


.1308 


10:02 NCR 


58 


09/01/95 


.1405 - 


.1406 


10:02 NCR 


58 


09/01/95 


.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 


.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 


.1612 - 


.1613 


10:02 NCR 


58 


09/01/95 


.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 


.1804- 


.1807 


10:02 NCR 


58 


09/01/95 


.2001 




10:02 NCR 


58 


09/01/95 


.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 


.2201 - 


.2203 


10:02 NCR 


58 


09/01/95 


.2204 - 


.2206 


10:02 NCR 


58 


09/01/95 


.2207 - 


.2212 


10:02 NCR 


58 


09/01/95 


.2301 - 


.2302 


10:02 NCR 


58 


09/01/95 


.2303 - 


.2308 


10:02 NCR 


58 


09/01/95 


.2401 - 


,2402 


10:02 NCR 


58 


09/01/95 


.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 


.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 


.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 


.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 


.3101 - 


.3103 


10:02 NCR 


58 


09/01/95 


.3104 




10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 


.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


03 L .0901 




10:08 NCR 


641 


02/01/96 


.0902 - 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1003 


10:08 NCR 


641 


02/01/96 


.1004 




10:08 NCR 


641 


02/01/96 


.1005- 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 




10:08 NCR 


641 


02/01/96 


.1102- 


.1103 


10:08 NCR 


641 


02/01/96 


.1104 




10:08 NCR 


641 


02/01/96 


.1105 - 


.1106 


10:08 NCR 


641 


02/01/96 


.1107 




10:08 NCR 


641 


02/01/96 


.1108 - 


.1110 


10:08 NCR 


641 


02/01/96 


.1111 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 




10:08 NCR 


641 


02/01/96 


.1202 




10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 




10:08 NCR 


641 


02/01/96 


.1402 




10:08 NCR 


641 


02/01/96 


03M .0202 - 


.0205 


10:08 NCR 


641 


11/01/95 


.0207 




10:08 NCR 


641 


11/01/95 


03R .0109 - 


.0111 


10:14 NCR 1243 


01/01/96 


.0213 - 


.0215 


10:14 NCR 1243 


01/01/96 


.0303 - 


.0305 


10:14 NCR 1243 


01/01/96 


.0317 




10:14 NCR 1243 


01/01/96 


.0904 




10:14 NCR 1243 


01/01/96 


.1003 




10:14 NCR 1243 


01/01/96 


.1113 




10:14 NCR 1243 


01/01/96 


.1115 - 


.1120 


10:14 NCR 1243 


01/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

02/01/96 
02/01/96 

02/02/96 
02/01/96 

02/01/96 

02/01/96 

02/01/96 
02/01/96 

02/01/96 
02/01/96 

11/01/95 
11/01/95 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2570 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 






Note 


Effective 
Date 


Other Information 


Proposed 

Effective 

Date 


Fiscal 


State 


Local 



03T 



.1124- 


.1127 


10:14 NCR 1243 


01/01/96 


.1214 




10:14 NCR 1243 


01/01/96 


.1216 




10:14 NCR 1243 


01/01/96 


.1218 - 


.1219 


10:14 NCR 1243 


01/01/96 


.1302 




10:14 NCR 1243 


01/01/96 


.1304- 


.1309 


10:14 NCR 1243 


01/01/96 


.1413 - 


.1414 


10:14 NCR 1243 


01/01/96 


.1418 - 


.1419 


10:14 NCR 1243 


01/01/96 


.1613 - 


.1615 


10:14 NCR 1243 


01/01/96 


.1618 - 


.1619 


10:14 NCR 1243 


01/01/96 


.1713 - 


.1714 


10:14 NCR 1243 


01/01/96 


.1719 - 


.1720 


10:14 NCR 1243 


01/01/96 


.1912 - 


.1914 


10:14 NCR 1243 


01/01/96 


.1916 - 


.1918 


10:14 NCR 1243 


01/01/96 


.2002 




10:14 NCR 1243 


01/01/96 


.2004- 


.2011 


10:14 NCR 1243 


01/01/96 


.2117 




10:14 NCR 1243 


01/01/96 


.2120 




10:14 NCR 1243 


01/01/96 


.2319- 


.2320 


10:14 NCR 1243 


01/01/96 


.2402 




10:14 NCR 1243 


01/01/96 


.2404- 


.2412 


10:14 NCR 1243 


01/01/96 


.2502- 


.2512 


10:14 NCR 1243 


01/01/96 


.2603 




10:14 NCR 1243 


01/01/96 


.2605 




10:14 NCR 1243 


01/01/96 


.2607 - 


.2610 


10:14 NCR 1243 


01/01/96 


.2612 - 


.2613 


10:14 NCR 1243 


01/01/96 


.2718 - 


.2719 


10:14 NCR 1243 


01/01/96 


.2802 - 


.2807 


10:14 NCR 1243 


01/01/96 


.2809 - 


.2810 


10:14 NCR 1243 


01/01/96 


.3103 




10:14 NCR 1243 


01/01/96 


.3107- 


.3108 


10:14 NCR 1243 


01/01/96 


.3204 




10:14 NCR 1243 


01/01/96 


.3206 - 


.3207 


10:14 NCR 1243 


01/01/96 


.3306 




10:14 NCR 1243 


01/01/96 


.3401 




10:14 NCR 1243 


01/01/96 


.3406 - 


.3407 


10:14 NCR 1243 


01/01/96 


.3502 - 


.3503 


10:14 NCR 1243 


01/01/96 


.3506 - 


.3507 


10:14 NCR 1243 


01/01/96 


.3606 - 


.3507 


10:14 NCR 1243 


01/01/96 


.3706 - 


.3707 


10:14 NCR 1243 


01/01/96 


.3806 - 


.3807 


10:14 NCR 1243 


01/01/96 


.3902 - 


.3904 


10:14 NCR 1243 


01/01/96 


.3907 - 


.3909 


10:14 NCR 1243 


01/01/96 


.4002 


-.4008 


10:14 NCR 1243 


01/01/96 


.4010 - 


.4012 


10:14 NCR 1243 


01/01/96 


.4102 - 


.4107 


10:14 NCR 1243 


01/01/96 


.4202 




10:14 NCR 1243 


01/01/96 


.4204 




10:14 NCR 1243 


01/01/96 


.4206 - 


.4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


.7008 


10:14 NCR 1291 


01/01/96 


.0102 




10:14 NCR 1297 


02/01/96 


.0201 - 


.0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


.0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


.0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


.0505 


10:14 NCR 1297 


02/01/96 


.0601 - 


.0605 


10:14 NCR 1297 


02/01/96 


.0701 - 


.0703 


10:14 NCR 1297 


02/01/96 


.0801 - 


.0803 


10:14 NCR 1297 


02/01/96 


.0901 - 


.0902 


10:14 NCR 1297 


02/01/96 


.1001 - 


.1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 



* 



« 



i 



2571 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



§ 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







) 



I 



.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


03U .0704 




10:19 NCR 2506 




.0708 




10:19 NCR 2506 




14B .0501 - 


.0503 


10:07 NCR 


430 


05/01/96 


.0505 - 


.0509 


10:07 NCR 


430 


05/01/96 


14C .1001 - 


.1006 


10:15 NCR 1435 


02/01/96 


.1008 




10:15 NCR 1435 


02/01/96 


.1010 - 


.1018 


10:15 NCR 1435 


02/01/96 


.1101 - 


.1105 


10:15 NCR 1435 


02/01/96 


.1107 




10:15 NCR 1435 


02/01/96 


.1110- 


.1111 


10:15 NCR 1435 


02/01/96 


.1114- 


.1121 


10:15 NCR 1435 


02/01/96 


.1123 




10:15 NCR 1435 


02/01/96 


.1125 - 


.1131 


10:15 NCR 1435 


02/01/96 


.1133 - 


.1160 


10:15 NCR 1435 


02/01/96 


14D .0006 




10:15 NCR 


1435 


02/01/96 


14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.061 1 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608 - 


.0612 


10:07 NCR 


430 


05/01/96 


.0614 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 



Rule-Making Proceeding 
Rule-Making Proceeding 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2572 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



14V 




10:15 NCR 1479 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 


.0401 - 


.0405 


10:07 NCR 430 


05/01/96 


.0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


.0601 - 


.0604 


10:07 NCR 430 


05/01/96 


.0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


.0701 - 


.0712 


10:07 NCR 430 


05/01/96 


.0701 - 


.0713 


10:13 NCR 1085 


05/01/96 


.0801 - 


.0805 


10:07 NCR 430 


05/01/96 


.0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


.1101 - 


.1103 


10:07 NCR 430 


05/01/96 


.1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


.1201 - 


.1203 


10:07 NCR 430 


05/01/96 


.1201 - 


.1203 


10:13 NCR 1085 


05/01/96 


1301 - 


.1303 


10:07 NCR 430 


05/01/96 


.1301 - 


.1304 


10:13 NCR 1085 


05/01/96 


.1401 - 


.1403 


10:07 NCR 430 


05/01/96 


.1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


.1501 - 


.1504 


10:07 NCR 430 


05/01/96 


.1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


.2101 - 


.2104 


10:07 NCR 430 


05/01/96 


.2101 - 


.2104 


10:13 NCR 1085 


05/01/96 


.2201 - 


.2204 


10:07 NCR 430 


05/01/96 


.2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


.2301 - 


.2306 


10:07 NCR 430 


05/01/96 


.2301 - 


.2306 


10:13 NCR 1085 


05/01/96 


.2401 - 


.2404 


10:07 NCR 430 


05/01/96 


.2401 - 


.2404 


10:13 NCR 1085 


05/01/96 


.2501 - 


.2505 


10:07 NCR 430 


05/01/96 


.2501 - 


.2505 


10:13 NCR 1085 


05/01/96 


.3101 - 


.3103 


10:07 NCR 430 


05/01/96 


.3101 - 


.3103 


10:13 NCR 1085 


05/01/96 


.3201 - 


.3203 


10:07 NCR 430 


05/01/96 


.3201 - 


.3203 


10:13 NCR 1085 


05/01/96 


.3301 - 


.3303 


10:07 NCR 430 


05/01/96 


.3301 - 


.3303 


10:13 NCR 1085 


05/01/96 


.3401 - 


.3403 


10:07 NCR 430 


05/01/96 


.3401 - 


.3403 


10:13 NCR 1085 


05/01/96 


.3501 - 


.3503 


10:07 NCR 430 


05/01/96 


.3501 - 


.3503 


10:13 NCR 1085 


05/01/96 


.3601 - 


.3604 


10:07 NCR 430 


05/01/96 


.3601 - 


.3604 


10:13 NCR 1085 


05/01/96 


.3701 - 


.3703 


10:07 NCR 430 


05/01/96 


.3701 - 


.3703 


10:13 NCR 1085 


05/01/96 


.3801 - 


.3803 


10:07 NCR 430 


05/01/96 


.3801 - 


.3803 


10:13 NCR 1085 


05/01/96 


.3901 - 


.3903 


10:07 NCR 430 


05/01/96 


.3901 - 


.3903 


10:13 NCR 1085 


05/01/96 


.4001 - 


.4003 


10:07 NCR 430 


05/01/96 


.4001 - 


.4003 


10:13 NCR 1085 


05/01/96 


.4101 - 


.4104 


10:07 NCR 430 


05/01/96 


.4101 - 


.4104 


10:13 NCR 1085 


05/01/96 


.4201 - 


.4203 


10:13 NCR 1085 


05/01/96 


.5001 - 


.5002 


10:07 NCR 430 


05/01/96 


.5001 - 


.5003 


10:13 NCR 1085 


05/01/96 


.5101 - 


.5104 


10:07 NCR 430 


05/01/96 



Notice on Subject Matter 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 



2573 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 


Fiscal Note 


Effective 
Date 


Other Information 


Effective 
Date 




State 


Local 



) 



I 



.5101 - 


.5104 


10:13 NCR 1085 


05/01/96 




.5201 - 


.5204 


10:07 NCR 430 


05/01/96 




.5201 - 


.5204 


10:13 NCR 1085 


05/01/96 




.5301 - 


.5303 


10:07 NCR 430 


05/01/96 




.5301 - 


.5303 


10:13 NCR 1085 


05/01/96 




.5401 - 


.5403 


10:07 NCR 430 


05/01/96 




.5401 - 


.5403 


10:13 NCR 1085 


05/01/96 




.5501 - 


.5503 


10:07 NCR 430 


05/01/96 




.5501 - 


.5503 


10:13 NCR 1085 


05/01/96 




.5601 - 


.5603 


10:07 NCR 430 


05/01/96 




.5601 - 


.5603 


10:13 NCR 1085 


05/01/96 




.5701 - 


.5703 


10:07 NCR 430 


05/01/96 




.5701 - 


.5703 


10:13 NCR 1085 


05/01/96 




.5801 - 


.5804 


10:07 NCR 430 


05/01/96 




.5801 - 


.5804 


10:13 NCR 1085 


05/01/96 




.5901 - 


.5903 


10:07 NCR 430 


05/01/96 




.5901 - 


.5903 


10:13 NCR 1085 


05/01/96 




.6001 - 


.6003 


10:07 NCR 430 


05/01/96 




.6001 - 


.6003 


10:13 NCR 1085 


05/01/96 




.6101 - 


.6103 


10:07 NCR 430 


05/01/96 




.6101 - 


.6103 


10:13 NCR 1085 


05/01/96 




.6201 - 


.6202 


10:07 NCR 430 


05/01/96 




.6201 - 


.6202 


10:13 NCR 1085 


05/01/96 




.6301 - 


.6303 


10:07 NCR 430 


05/01/96 




.6301 - 


.6303 


10:13 NCR 1085 


05/01/96 




.6401 - 


.6403 


10:07 NCR 430 


05/01/96 




.6401 - 


.6403 


10:13 NCR 1085 


05/01/96 




.6501 - 


.6503 


10:07 NCR 430 


05/01/96 




.6501 - 


.6503 


10:13 NCR 1085 


05/01/96 




.6601 - 


.6603 


10:07 NCR 430 


05/01/96 




.6601 - 


.6603 


10:13 NCR 1085 


05/01/96 




.6701 - 


.6702 


10:07 NCR 430 


05/01/96 




.6701 - 


.6702 


10:13 NCR 1085 


05/01/96 




.6801 - 


.6802 


10:07 NCR 430 


05/01/96 




.6801 - 


.6802 


10:13 NCR 1085 


05/01/96 




.6901 - 


.6903 


10:07 NCR 430 


05/01/96 




.6901 - 


.6903 


10:13 NCR 1085 


05/01/96 




15A .0115- 


.0127 


10:13 NCR 1085 


01/01/96 


X 


.0205 - 


.0228 


10:13 NCR 1085 


01/01/96 


X 


18A .0124- 


.0128 


10:07 NCR 430 


05/01/96 




.0130 




10:07 NCR 430 


05/01/96 




.0132 - 


.0133 


10:07 NCR 430 


05/01/96 




.0135 - 


.0136 


10:07 NCR 430 


05/01/96 




18D .0209 




10:14 NCR 1311 


01/01/96 




18F .0115- 


.0117 


10:14 NCR 1311 


01/01/96 




181 .0114- 


.0120 


10:07 NCR 430 


05/01/96 




18J .0110- 


.0119 


10:07 NCR 430 


05/01/96 




.0212 - 


.0213 


10:07 NCR 430 


05/01/96 




.0304 - 


.0311 


10:07 NCR 430 


05/01/96 




.0507 - 


.0511 


10:08 NCR 656 


05/01/96 




.0601 - 


.0604 


10:07 NCR 430 


05/01/96 




.0701 - 


.0715 


10:07 NCR 430 


05/01/96 




.0801 - 


.0805 


10:07 NCR 430 


05/01/96 




.0803 




10:02 NCR 118 


07/01/95 




18K .0109 - 


.0116 


10:07 NCR 430 


05/01/96 




.0262 - 


.0263 


10:08 NCR 656 


05/01/96 




18L .0107 - 


.0108 


10:07 NCR 430 


05/01/96 




.0223 - 


.0224 


10:07 NCR 430 


05/01/96 




.0331 - 


.0336 


10:07 NCR 430 


05/01/96 




.0338 - 


.0339 


10:07 NCR 430 


05/01/96 




.0428 - 


.0434 


10:07 NCR 430 


05/01/96 




.0504 




10:07 NCR 430 


05/01/96 




.0511 




10:07 NCR 430 


05/01/96 





Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



07/01/95 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2574 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0513 






.0601 - 


0607 




.0701 - 


.0705 




.0707 






.0801 






.0803 - 


.0809 




.0901 - 


.0904 




.1001 - 


1006 




.1101 - 


.1103 




.1105 - 


.1107 




.1201 






.1203 - 


.1206 




.1301 - 


.1309 




.1401 - 


.1403 




.1501 - 


.1525 


18M 


.0107 - 


.0110 




.0206 - 


.0213 




.0304 - 


.0307 




.0406 - 


.0409 




.0505 - 


.0506 




.0607 - 


.0608 




.0701 






.0703 - 


.0706 




.0708 - 


.0714 




.0801 - 


.0803 




.0817 - 


.0819 




.0824 - 


.0838 




.0901 - 


.0908 




.1001 - 


.1009 




.1101 - 


.1106 




.1203 - 


.1204 




.1302- 


.1305 




.1401 - 


.1403 




.1405 - 


.1410 


18N 


.0105 - 


.0110 




.0204 - 


.0212 




.0305 - 


.0306 




.0601 - 


.0605 




.0701 - 


.0709 


180 


.0517- 


.0524 


18P 


.0901 - 


.0903 




.1001 - 


.1004 


18Q 


.0284 






.0286 - 


.0287 




.0520 - 


.0521 




.0538 - 


.0552 


19C 


.0209 






.0408 - 


.0410 




.0504 






.0509 - 


.0512 




.0602 






.0604 






.0702 - 


.0703 


19G 


.0501 - 
.0603 


.0502 




.0606 - 


.0612 




.0803 






.0806 






.0817 






.0823 




20 A 


.0102 




20B 


.0204 - 


.0206 




.0208 - 


.0210 



10:07 NCR 
10:08 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:08 NCR 
10:08 NCR 
10:08 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:07 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 
10:14 NCR 
10:14 NCR 
10:14 NCR 
10:14 NCR 
10:14 NCR 
10:14 NCR 
10:14 NCR 
10:16 NCR 
10:16 NCR 
10:16 NCR 



430 

656 

430 

430 

410 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

430 

410 

430 

430 

430 

430 

430 

656 

656 

656 

430 

430 

430 

430 

430 

430 

1708 

1708 

1708 

1708 

1708 

1708 

1708 

1312 

1312 

1312 

1312 

1312 

1312 

1312 

1716 

1716 

1716 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
02/01/96 
02/01/96 
02/01/96 



I 



2575 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 



) 



I 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 




.0218 




10:16 NCR 1716 


02/01/96 








.0222 




10:16 NCR 1716 


02/01/96 








.0224 




10:16 NCR 1716 


02/01/96 








.0226- 


.0227 


10:16 NCR 1716 


02/01/96 






20C 


.0205 




10:16 NCR 1716 


02/01/96 


X 






.0316 




10:16 NCR 1716 


02/01/96 


X 




26B 


.0105 




10:18 NCR 2398 






Rule-Making Proceeding 




.0110 




10:08 NCR 660 


10/01/95 


10/01/95 






.0112 




10:16 NCR 1721 


02/01/96 








.0113 




10:16 NCR 1721 


02/01/96 








.0124 




10:02 NCR 118 


07/01/95 


x 07/01/95 




26G 


.0703 - 


.0705 


10:12 NCR 982 


12/01/95 


12/01/95 




26H 


.0212- 


.0213 


10:13 NCR 1153 


01/01/96 


X 






.0213 




10:02 NCR 118 


07/01/95 


07/01/95 






.0213 




10:14 NCR 1317 


01/01/96 


X 






.0302 




10:04 NCR 228 


08/01/95 


x 08/01/95 






.0304 - 


.0305 


10:04 NCR 228 


08/01/95 


x 08/01/95 






.0308 - 


.0309 


10:04 NCR 228 


08/01/95 


x 08/01/95 






.0508 




10:12 NCR 982 


12/01/95 


12/01/95 




261 


.0101 




10:10 NCR 826 


11/01/95 


12/11/95 


Filed over RRC Objection 




.0102 




10:10 NCR 826 


11/01/95 


12/01/95 






.0103 




10:10 NCR 826 


11/01/95 


12/11/95 


Filed over RRC Objection 




.0104 - 


.0107 


10:10 NCR 826 


11/01/95 


12/01/95 




26K 


.0006 




10:15 NCR 1479 


02/01/96 






39D 


.0302- 


.0303 


10:09 NCR 722 


11/01/95 


11/01/95 






.0304 




10:15 NCR 1483 


02/01/96 


X 




41F 


.0706 




10:03 NCR 196 


08/01/95 


08/01/95 






.0812 




10:03 NCR 196 


08/01/95 


08/01/95 




411 


.0100 




10:17 NCR 2228 






Rule-Making Proceeding 


42B 


.1209 




10:13 NCR 1158 


01/01/96 






42C 


.2010 




10:13 NCR 1158 


01/01/96 






42D 


.1409 




10:13 NCR 1158 


01/01/96 






42H 


.0911 




10:09 NCR 722 


12/01/95 


12/01/95 




42W 


.0001 - 


.0002 


10:10 NCR 828 


11/01/95 


11/01/95 




46A 


.0001 
.0005 




10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 






46C 


.0107 




10:16 NCR 1724 


02/01/96 






46D 


.0101 
.0103 




10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 








.0105 - 


.0107 


10:16 NCR 1724 


02/01/96 








.0202 




10:16 NCR 1724 


02/01/96 






46E 


.0108 - 
.0111 


.0109 


10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 






46F 


.0107 - 
.0110 


.0108 


10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 






46G 


.0110 
.0113 
.0214 




10:16 NCR 1724 
10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 
02/01/96 






46H 


.0101 




10:16 NCR 1724 


02/01/96 








.0103 - 


.0105 


10:16 NCR 1724 


02/01/96 








.0108 




10:16 NCR 1724 


02/01/96 








.0110 




10:16 NCR 1724 


02/01/96 








.0201 - 


.0203 


10:16 NCR 1724 


02/01/96 








.0206- 


.0207 


10:16 NCR 1724 


02/01/96 






47B 


.0404- 


.0405 


10:15 NCR 1483 


02/01/96 






49B 


.0102 




10:15 NCR 1483 


02/01/96 






49C 


.0107 




10:16 NCR 1731 


02/01/96 


X 




50B 


.0313 




10:14 NCR 1321 


01/01/96 






SOD 


.0101 - 
.0201 


.0103 


10:15 NCR 1479 
10:15 NCR 1479 


02/01/96 
02/01/96 








.0301 - 


.0302 


10:15 NCR 1479 


02/01/96 








.0401 - 


.0402 


10:15 NCR 1479 


02/01/96 







10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2576 



CUMULATIVE INDEX 









Proposed 
Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


Agency/Rule Citation 


Proposed in 
Register 


State 


Local 











.0501 - 


.0503 


10:15 NCR 1479 


02/01/96 


INSURANCE 

11 NCAC 04 


.0120 - 


.0124 


10:15 NCR 1489 


02/01/96 






.0421 - 


.0422 


10:15 NCR 1489 


02/01/96 






.0429 - 


.0430 


10:15 NCR 1489 


02/01/96 






.0501 - 


.0509 


10:16 NCR 1732 


01/01/97 




06A 


.0201 




10:16 NCR 1738 


02/01/96 






.0217 




10:16 NCR 1738 


02/01/96 






.0225- 


.0226 


10:16 NCR 1738 


02/01/96 






.0234- 


.0236 


10:16 NCR 1738 


02/01/96 






.0240 




10:16 NCR 1738 


02/01/96 






.0301 - 


.0302 


10:16 NCR 1738 


02/01/96 






.0304 - 


.0306 


10:16 NCR 1738 


02/01/96 






.0402 




10:16 NCR 1738 


02/01/96 






.0410 




10:16 NCR 1738 


02/01/96 






.0413 




10:16 NCR 1738 


02/01/96 






.0417 




10:16 NCR 1738 


02/01/96 






.0501 




10:16 NCR 1738 


02/01/96 






.0701 - 


.0705 


10:16 NCR 1738 


02/01/96 






.0808 - 


.0810 


10:16 NCR 1738 


02/01/96 






.0812 




10:04 NCR 246 


08/01/95 






.0813 




10:16 NCR 1738 


02/01/96 






.0901 - 


.0904 


10:16 NCR 1738 


02/01/96 




09 


.0101 - 


.0104 


10:15 NCR 1490 


02/01/96 






.0201 - 


.0203 


10:15 NCR 1490 


02/01/96 




10 


.0105 




10:15 NCR 1492 


02/01/96 






.0605 




10:15 NCR 1492 


02/01/96 






.1102 - 


.1103 


10:15 NCR 1492 


02/01/96 






.1110- 


1111 


10:15 NCR 1492 


02/01/96 






.1603 




10:15 NCR 1492 


02/01/96 




11B 


.0111 




10:15 NCR 1503 


02/01/96 






.0114 




10:15 NCR 1503 


02/01/96 






.0140 - 


.0142 


10:15 NCR 1503 


02/01/96 






.0146 




10:15 NCR 1503 


02/01/96 






.0148 




10:15 NCR 1503 


02/01/96 






.0302 - 


.0306 


10:15 NCR 1503 


02/01/96 






.0601 - 


.0602 


10:16 NCR 1751 


02/01/96 






.0604 




10:16 NCR 1751 


02/01/96 






.0607 




10:16 NCR 1751 


02/01/96 






.0610 




10:16 NCR 1751 


02/01/96 






.0612 




10:16 NCR 1751 


02/01/96 






.0616 - 


.0617 


10:16 NCR 1751 


02/01/96 




11C 


.0112 - 


.0113 


10:15 NCR 1503 


02/01/96 






.0118 




10:15 NCR 1503 


02/01/96 






.0132 




10:15 NCR 1503 


02/01/96 






.0313 




10:15 NCR 1503 


02/01/96 






.0504 - 


.0505 


10:15 NCR 1503 


02/01/96 




11D 


.0108 - 


.0109 


10:15 NCR 1503 


02/01/96 






.0302 - 


.0305 


10:15 NCR 1503 


02/01/96 




11F 


.0401 - 


.0405 


10:16 NCR 1756 


02/01/97 




12 


.0307 




10:16 NCR 1764 


02/01/96 






.0326 




10:16 NCR 1764 


02/01/96 






.0415- 


.0416 


10:16 NCR 1764 


02/01/96 






.0436 




10:16 NCR 1764 


02/01/96 






.0449 




10:16 NCR 1764 


02/01/96 






.0460 




10:16 NCR 1764 


02/01/96 






.0514 




10:16 NCR 1762 


02/01/96 






.0551 




10:18 NCR 2399 








.0552 




10:16 NCR 1764 


02/01/96 






.0562 




10:16 NCR 1764 


02/01/96 






.0822 




10:16 NCR 1764 


02/01/96 






.0824 - 


.0825 


10:16 NCR 1764 


02/01/96 



i 



08/01/95 



I 



Rule-Making Proceeding 



♦ 



2577 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



i 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

EffectiTe 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







I 







.0835 




10:16 NCR 1764 


02/01/96 






.0837 




10:16 NCR 1764 


02/01/96 






.0839 




10:16 NCR 1764 


02/01/96 






.0901 




10:16 NCR 1787 


03/01/96 






.0918 - 


.0919 


10:16 NCR 1787 


03/01/96 






.1004 




10:16 NCR 1764 


02/01/96 






.1601 - 


.1604 


10:16 NCR 1764 


02/01/96 






.1701 - 


.1709 


10:16 NCR 1764 


02/01/96 




13 


.0317 




10:15 NCR 1513 


02/01/96 






.0319 




10:15 NCR 1513 


02/01/96 




14 


.0202 




10:15 NCR 1503 


02/01/96 






.0430 - 


.0432 


10:15 NCR 1503 


02/01/96 






.0603 




10:15 NCR 1503 


02/01/96 






.0705 




10:15 NCR 1503 


02/01/96 




16 


.0602 
.0703 




10:15 NCR 1514 
10:18 NCR 2399 


02/01/96 






.0704 




10:11 NCR 900 


12/01/95 




17 


.0003 




10:16 NCR 1787 


02/01/96 






.0006 




10:16 NCR 1764 


02/01/96 




20 


.0101 




10:16 NCR 1787 


03/01/96 






.0201 - 


.0205 


10:16 NCR 1787 


03/01/96 






.0301 - 


.0304 


10:16 NCR 1787 


03/01/96 






.0401 - 


.0410 


10:16 NCR 1787 


03/01/96 






.0501 - 


.0511 


10:16 NCR 1787 


03/01/96 






.0601 - 


.0602 


10:16 NCR 1787 


03/01/96 






.0701 - 


.0703 


10:16 NCR 1787 


06/01/96 




21 


.0101 - 


.0110 


10:16 NCR 1787 


03/01/96 


JUSTICE 












12 NCAC 


04E 


.0104 




10:07 NCR 573 


10/01/95 




07D 


.0201 




10:07 NCR 575 


10/01/95 






.0204 




10:11 NCR 900 


12/01/95 






.0301 




10:07 NCR 575 


10/01/95 






0401 




10:07 NCR 575 


10/01/95 






.0701 




10:07 NCR 575 


10/01/95 






.0706 




10:07 NCR 575 


10/01/95 






.0801 




10:07 NCR 575 


10/01/95 






.0806 




10:07 NCR 575 


10/01/95 






.0808 




10:16 NCR 1796 


02/01/96 






.0902 




10:07 NCR 575 


10/01/95 






.0904 




10:07 NCR 575 


10/01/95 




09A 


.0204 




10:02 NCR 122 


08/01/95 




09B 


.0113 




10:02 NCR 122 


08/01/95 






.0201 - 


.0202 


10:02 NCR 122 


08/01/95 






.0205 




10:02 NCR 122 


08/01/95 






.0206 




10:02 NCR 122 


08/01/95 






.0210 




10:02 NCR 122 


08/01/95 






.0212 - 


.0214 


10:02 NCR 122 


08/01/95 






.0226 - 


.0228 


10:02 NCR 122 


08/01/95 






.0232 - 


.0233 


10:02 NCR 122 


08/01/95 




09C 


.0401 




10:02 NCR 122 


08/01/95 






.0601 




10:02 NCR 122 


08/01/95 




09D 


.0102 




10:02 NCR 122 


08/01/95 






.0104 - 


.0106 


10:02 NCR 122 


08/01/95 




09F 


.0101 - 


.0107 


10:16 NCR 1797 


05/01/96 




I0B 


.0102 - 


.0103 


10:09 NCR 723 


01/01/96 






.0105 




10:09 NCR 723 


01/01/96 






.0204 




10:09 NCR 723 


01/01/96 






.0301 




10:09 NCR 723 


01/01/96 






.0304 




10:09 NCR 723 


01/01/96 






.0307 




10:09 NCR 723 


01/01/96 






.0401 - 


.0403 


10:09 NCR 723 


01/01/96 






.0405 




10:09 NCR 723 


01/01/96 



12/01/95 



10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 

12/01/95 
12/01/95 
08/01/95 
08/01/95 
01/01/96 
07/01/97 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



Rule-Making Proceeding 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2578 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0407 - .0409 


10:09 NCR 


723 


01/01/96 




.0502 - 0503 


10:09 NCR 


723 


01/01/96 




.0505 


10:09 NCR 


723 


01/01/96 




.0601 - .0607 


10:09 NCR 


723 


01/01/96 




.0702 - .0706 


10:09 NCR 


"23 


01/01/96 




.0801 - .0803 


10:09 NCR 


"23 


01/01/96 




.0901 


10:09 NCR 


723 


01/01/96 




.0903 - .0906 


10:09 NCR 


"23 


01/01/96 




.0908 - .0912 


10:09 NCR 


723 


01/01/96 




.1004- 1005 


10:09 NCR 


"23 


01/01/96 




1201 - .1205 


10:09 NCR 


"23 


01/01/96 


11 


.0210 


10:05 NCR 


301 


09/01/95 


LABOR 










13 NCAC 




10:01 NCR 


10 


01/01/96 






10:01 NCR 


12 


01/01/96 






10:02 NCR 


149 


10/01/95 






10:02 NCR 


149 


01/01/96 






10:02 NCR 


149 


01/01/96 






10:02 NCR 


140 


02/01/96 






10:03 NCR 


196 


01/01/96 






10:03 NCR 


197 


01/01/96 


06 




10:16 NCR 1799 


04/01/96 


07F 


.0101 


10:16 NCR 


1800 


04/01/96 




.0201 


10:16 NCR 


1823 


02/01/96 


12 


0101 


10:02 NCR 


142 


08/01/95 




.0303 - .0315 


10:02 NCR 


142 


08/01/95 




0501 - 0502 


10:02 NCR 


142 


08/01/95 




.0803 - .0808 


10:02 NCR 


142 


08/01/95 


15 




10:16 NCR 1827 


04/01/96 


IS 


.0101 - .0110 


10:14 NCR 


1323 


01/01/96 


LANDSCAPE ARCHITECTS 








21 NCAC 26 


.0307 


10:15 NCR 


1583 


02/01/96 


LIST OF RULES CODIFIED 












10:02 NCR 


167 








10:04 NCR 


2"2 








10:06 NCR 


392 








10:09 NCR 


"S3 








10:10 NCR 


S45 








10:12 NCR 


1017 








10:15 NCR 1585 




MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 


21 NCAC 31 


.0102 


10:16 NCR 


2062 


03/01/96 




.0104 


10:16 NCR 


2062 


03/01/96 




.0201 - .0203 


10:16 NCR 


2062 


03/01/96 




.0301 - .0304 


10:16 NCR 


2062 


03/01/96 




0401 - .0404 


10:16 NCR 


2062 


03/01/96 




0501 - .0506 


10:16 NCR 


2062 


03/01/96 




.0601 - .0609 


10:16 NCR 


2062 


03/01/96 




.0701 


10:16 NCR 2062 


03/01/96 




.0801 


10:16 NCR 


2062 


03/01/96 




.0901 


10:16 NCR 


2062 


03/01/96 


MEDICAL EXAMINERS 








21 NCAC 32B 


.0901 - .0902 


10:10 NCR 


S31 


11/01/95 


32F 


0003 


10:10 NCR 


S31 


11/01/95 


32H 




10:18 NCR 


2400 






.0102 


10:02 NCR 


151 


07/01/96 




0201 


10:02 NCR 


151 


07/01/96 




.0203 


10:02 NCR 


151 


07/01/96 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
10/01/95 



12/01/95 
12/01/95 

07/01/96 
07/01/96 



i 



Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



Notice on Subject Matter 



♦ 



Rules 
Rules 
Rules 
Rules 
Rules 
Rules 
Rules 



Filed 
Filed 
Filed 
Filed 
Filed 
Filed 
Filed 



03/95 
04/95 
05/95 
06/95 
07/95 
08/95 
09/95 



Rule-Making Proceeding 



i 



2579 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 


Proposed 


Fiscal Note 


Effective 
Date 


Other Information 


i* ■ * 


Date 


State 


Local 







> 





.0408 




10:02 NCR 151 


07/01/96 




.0506 




10:02 NCR 151 


07/01/96 




.0601 




10:02 NCR 151 


07/01/95 




.0602 




10:02 NCR 151 


07/01/96 




.0801 




10:02 NCR 151 


07/01/96 




.1001 




10:02 NCR 151 


07/01/96 


321 


.0003 - 


.0004 


10:02 NCR 151 


07/01/95 


32M 


.0001 




10:10 NCR 831 


11/01/95 




.0002- 


.0004 


10:10 NCR 831 


11/01/95 




.0005 - 


.0006 


10:10 NCR 831 


11/01/95 




.0007 - 


.0012 


10:10 NCR 831 


11/01/95 


MORTUARY SCIENCE 








21 NCAC 34B 


.0401 




10:13 NCR 1182 


01/01/96 


34D 


.0202 




10:13 NCR 1182 


01/01/96 




.0301 




10:13 NCR 1182 


01/01/96 


NURSING, BOARD OF 








21 NCAC 36 


.0109 




10:11 NCR 908 


01/01/96 




.0202 - 


.0203 


10:11 NCR 908 


01/01/96 




.0209 




10:11 NCR 908 


01/01/96 




.0211 




10:11 NCR 908 


01/01/96 




.0216- 


.0219 


10:11 NCR 908 


01/01/96 




.0221 




10:11 NCR 908 


01/01/96 




.0225 




10:11 NCR 908 


01/01/96 




.0227 




10.11 NCR 908 


01/01/96 




.0228 




10:16 NCR 2068 


02/01/96 




.0318 




10:11 NCR 908 


01/01/96 




.0320 




10:11 NCR 908 


01/01/96 




.0322 




10:11 NCR 908 


01/01/96 




.0401 - 


.0405 


10:10 NCR 839 


12/01/95 


NURSING HOME ADMINISTRATORS 




21 NCAC 37 


.0101 




10:04 NCR 262 


08/01/95 




.0302 




10:03 NCR 206 


08/01/95 




.0404 




10:03 NCR 206 


08/01/95 




.0502 




10:03 NCR 206 


08/01/95 




.0603 




10:03 NCR 206 


08/01/95 




.0904 




10:04 NCR 262 


08/01/95 




.0912 




10:03 NCR 206 


08/01/95 




.0914 




10:03 NCR 206 


08/01/95 


37A 


.0101 




10:16 NCR 2069 


04/01/96 




.0108 




10:16 NCR 2069 


04/01/96 




.0110 




10:16 NCR 2069 


04/01/96 




.0208 




10:16 NCR 2069 


04/01/96 




.0211 




10:16 NCR 2069 


04/01/96 




.0306 




10:16 NCR 2069 


04/01/96 




.0308 




10:16 NCR 2069 


04/01/96 




.0506 




10:16 NCR 2069 


04/01/96 




.0603 - 


.0604 


10:16 NCR 2069 


04/01/96 




.0702 - 


.0707 


10:16 NCR 2069 


04/01/96 




.0805 




10:16 NCR 2069 


04/01/96 




.0901 




10:16 NCR 2069 


04/01/96 




0905 




10:16 NCR 2069 


04/01/96 




.0907 




10:16 NCR 2069 


04/01/96 




.1203 




10:16 NCR 2069 


04/01/96 


37B 


.0101 - 


.0103 


10:16 NCR 2069 


04/01/96 




.0201 




10:16 NCR 2069 


04/01/96 




.0203 




10:16 NCR 2069 


04/01/96 




.0205 




10:16 NCR 2069 


04/01/96 


37C 


.0101 - 


.0103 


10:16 NCR 2069 


04/01/96 


37D 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




.0201 - 


.0203 


10:16 NCR 2069 


04/01/96 



07/01/96 
07/01/96 
09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 
01/01/96 

01/01/96 



12/01/95 



08/01/95 
N/A 
N/A 

08/01/95 

08/01/95 
N/A 

08/01/95 
N/A 



Agency withdrew Rule 
Agency withdrew Rule 



Agency withdrew Rule 
Agency withdrew Rule 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2580 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0301 - 


.0303 


10:16 NCR 2069 


04/01/96 




.0402 


0406 


10:16 NCR 2069 


04/01/96 




.0408 - 


.0412 


10:16 NCR 2069 


04/01/96 




.0501 • 


.0503 


10:16 NCR 2069 


04/01/96 




.0601 - 


0603 


10:16 NCR 2069 


04/01/96 




.0605 




10:16 NCR 2069 


04/01/96 




.0701 - 


.0703 


10:16 NCR 2069 


04/01/96 


37E 


0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37F 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37G 


.0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




.0201 - 


.0202 


10:16 NCR 2069 


04/01/96 




0301 




10:16 NCR 2069 


04/01/96 




0401 




10:16 NCR 2069 


04/01/96 


37H 


.0101 - 


0104 


10:16 NCR 2069 


04/01/96 


371 


.0101 




10:16 NCR 2069 


04/01/96 


OPTICIANS 










21 NCAC 40 


.0314 




10:16 NCR 2081 


02/01/96 


PASTORAL COUNSELORS, FEE-BASED PRACTICING 




21 NCAC 45 


.0101 




10:16 NCR 2082 


03/01/96 




.0201 - 


.0203 


10:16 NCR 2082 


03/01/96 




.0301 - 


0303 


10:16 NCR 2082 


03/01/96 




.0401 - 


.0402 


10:16 NCR 2082 


03/01/96 




.0501 




10:16 NCR 2082 


03/01/96 




.0601 




10:16 NCR 2082 


03/01/96 




.0701 




10:16 NCR 2082 


03/01/96 




.0801 - 


.0802 


10:16 NCR 2082 


03/01/96 




.0901 




10:16 NCR 2082 


03/01/96 




.1001 




10:16 NCR 2082 


03/01/96 


PHARMACY, BOARD OF 






:i NCAC 46 


.1204 




10:16 NCR 2085 


05/01/96 




.1317 




1016 NCR 2085 


05/01/96 




.1401 - 


.1404 


10:16 NCR 2085 


05/01/96 




.1406 




10:16 NCR 2085 


05/01/96 




1408 




10:16 NCR 2085 


05/01/96 




.1410 - 


.1417 


10:16 NCR 2085 


05/01/96 




.1505 




10:16 NCR 2085 


05/01/96 




.1601 - 


.1604 


10:16 NCR 2085 


05/01/96 




.1607 




10:16 NCR 2085 


05/01/96 




.1701 - 


.1705 


10:16 NCR 2085 


05/01/96 




.1810- 


1811 


10:16 NCR 2085 


05/01/96 




.1910 




10:16 NCR 2085 


05/01/96 




.2104 




10:16 NCR 2085 


05/01/96 




.2403 




10:16 NCR 2085 


05/01/96 




.2502 




10:16 NCR 2085 


05/01/96 




.2504 




10:16 NCR 2085 


05/01/96 




.2506 




10:16 NCR 2085 


05/01/96 




.2602 




10:16 NCR 2085 


05/01/96 




.2609 




10:16 NCR 2085 


05/01/96 




.2611 




10:16 NCR 2085 


05/01/96 


PHYSICAL THERAPY EXAMINERS 




21 NCAC 48 A 


.0001 




10:16 NCR 2107 


02/01/96 




.0004 




10:16 NCR 2107 


02/01/96 


48B 


.0002 




10:16 NCR 2107 


02/01/96 


48C 


.0103 




10:08 NCR 671 


10/01/95 


48D 


.0006 




10:08 NCR 671 


10/01/95 




.0008 




10:08 NCR 671 


10/01/95 




.0009 - 


.0011 


10:16 NCR 2107 


02/01/96 




.0011 




10:08 NCR 671 


10/01/95 


48 E 


.0101 




10:16 NCR 2107 


02/01/96 



♦ 



N/A 
10/01/95 
10/01/95 

10/01/95 



Agency withdrew Rule 



2581 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 


Proposed 


Fiscal 


Note 


Effective 
Date 


Other Information 






Register 


Date 


State 


Local 



48F 



48G 



48H 



.0104 


10:16 NCR 2107 


02/01/96 


.0110 


10:08 NCR 671 


10/01/95 


.0110 


10:16 NCR 2107 


02/01/96 


.0002 


10:08 NCR 671 


10/01/95 


.0003 


10:16 NCR 2107 


02/01/96 


.0501 - .0516 


10:08 NCR 671 


10/01/95 


.0504 


10:16 NCR 2107 


02/01/96 


.0509 


10:16 NCR 2107 


02/01/96 


.0601 


10:08 NCR 671 


10/01/95 


.0601 


10:16 NCR 2107 


02/01/96 


.0102 


10:16 NCR 2107 


02/01/96 


.0104 


10:08 NCR 671 


10/01/95 


.0701 - .0704 


10:08 NCR 671 


10/01/95 


.0701 


10:16 NCR 2107 


02/01/96 



10/01/95 
10/01/95 
10/01/95 

10/01/95 



10/01/95 
10/01/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 



I 



21 NCAC 53 


.0204 - 


.0211 


10:01 NCR 40 


07/01/95 




.0301 




10:01 NCR 40 


07/01/95 




.0305 - 


.0309 


10:01 NCR 40 


07/01/95 




.0310 




10:01 NCR 40 


07/01/95 




.0403 - 


.0405 


10:01 NCR 40 


07/01/95 




.0601 - 


.0604 


10:01 NCR 40 


07/01/95 


PROFESSIONAJ 


L ENGINEERS AND LAND SURVEYORS 




21 NCAC 56 


.0802 




10:11 NCR 934 


12/01/95 




.0804 




10:11 NCR 934 


12/01/95 




.0902 




10:11 NCR 934 


12/01/95 




.1103 




10:11 NCR 934 


12/01/95 




.1301 




10:11 NCR 934 


12/01/95 




.1602 




10:11 NCR 934 


12/01/95 




.1604 




10:11 NCR 934 


12/01/95 




.1608 




10:11 NCR 934 


12/01/95 




.1707 




10:11 NCR 934 


12/01/95 




.1712- 


.1713 


10:11 NCR 934 


12/01/95 


PSYCHOLOGY 


BOARD 








21 NCAC 54 


.1604 - 


.1605 


10:16 NCR 21 11 


03/01/96 




1608 




10:16 NCR 21 11 


03/01/96 




1610 




10:16 NCR2111 


03/01/96 




.1701 




10:11 NCR 929 


12/01/95 




.1703 - 


.1705 


10:16 NCR 21 11 


03/01/96 




.1707 




10:11 NCR 929 


12/01/95 




.1801 - 


.1803 


10:16 NCR 21 11 


03/01/96 




.1901 




10:16 NCR 21 11 


03/01/96 




.1904 




10:16 NCR2111 


03/01/96 




.2001 - 


.2005 


10:16 NCR 2111 


03/01/96 




.2007 - 


.2009 


10:16 NCR 21 11 


03/01/96 




.2101 




10:16 NCR 21 11 


03/01/96 




.2103 




10:16 NCR 2111 


03/01/96 




.2201 - 


.2204 


10:16 NCR2111 


03/01/96 




.2704 - 


.2706 


10:11 NCR 929 


12/01/95 


PUBLIC EDUCATION 








16 NCAC 06A 


.0001 - 


.0002 


10:16 NCR 1997 


04/01/96 


06B 


.0001 - 


.0002 


10:16 NCR 1997 


04/01/96 




.0004 - 


.0006 


10:16 NCR 1997 


04/01/96 


06C 


.0101 




10:15 NCR 1565 


04/01/96 




.0313 




10:15 NCR 1565 


04/01/96 



09/01/95 

N/A 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency Did Not Adopt 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2582 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 

Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





0401 




06D 


.0102 
.0104 
.0106 






.0301 - 


.0302 


06E 


.0101 - 

.0104 

.0202 


.0102 


06G 


.0301 - 


.0303 


06H 


.0001 






.0006 - 


.0008 



10:17 
10:16 
10:16 
10:07 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 



NCR 2229 
NCR 1997 
NCR 1997 
NCR 584 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 



04/01/96 
04/01/96 
11/01/95 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 



11/15/95 Temporary Amendment Rule 



i 



REAL ESTATE COMMISSION 

21 NCAC 58A .0104 
.0107 
.0110 
.0113 
.0302 
.0401 
.0403 
.0502 
.0503 
.0503 
.0504 
.0505 
.0510 
.0610 
.1702 
.1703 
.1707 
.1708 
.1710 
.1711 
.0104 
.0305 



58C 



58E 



.0302 

.0303 ■ 

.0310 

.0406 

.0406 

.0411 

0503 

.0506 

.0511 

.0515 



.0402 



.0506 
.0506 



.1708 



.1711 



.0307 
.0311 - .0312 
.0103 

.0203 - .0204 
.0203 - .0204 



.0304 
.0305 



.0407 
.0407 



10:16 
10:16 
10:02 
10:16 
10:16 
10:16 
10:04 
10:16 
10:04 
10:16 
10:02 
10:04 
10:16 
10:16 
10:16 
10:02 
10:02 
10:16 
10:02 
10:16 
10:16 
10:16 
10:16 
10:02 
10:02 
10:16 
10:16 
10:02 
10:16 
10:02 
10:16 
10:16 
10:16 
10:02 
10:16 
10:02 



NCR 2124 
NCR 2124 
NCR 157 
NCR 2124 
NCR 2124 
NCR 2124 
NCR 263 
NCR 2124 
NCR 263 
NCR 2124 
NCR 157 
NCR 263 
NCR 2124 
NCR 2124 
NCR 2124 
NCR 157 
NCR 157 
NCR 2124 
NCR 157 
NCR 2124 
NCR 2124 
NCR 2124 
NCR 2124 
NCR 157 
NCR 157 
NCR 2124 
NCR 2124 
NCR 157 
NCR 2124 
NCR 157 
NCR 2124 
NCR 2124 
NCR 2124 
NCR 157 
NCR 2124 
NCR 157 



03/01/96 
03/01/96 
07/01/95 
03/01/96 
03/01/96 
03/01/96 
08/01/95 
01/01/97 
08/01/95 
03/01/96 
07/01/95 
08/01/95 
03/01/96 
03/01/96 
03/01/96 
07/01/95 
07/01/95 
03/01/96 
07/01/95 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
07/01/95 
07/01/95 
03/01/96 
03/01/96 
07/01/95 
03/01/96 
07/01/95 
03/01/96 
03/01/96 
03/01/96 
07/01/95 
03/01/96 
07/01/95 



07/01/95 

08/01/95 

08/01/95 

07/01/95 
08/01/95 



07/01/95 
07/01/95 

07/01/95 



07/01/95 
07/01/95 



07/01/95 
07/01/95 

07/01/95 
07/01/95 



♦ 



REFRIGERATION EXAMINERS 



21 NCAC 60 



.0102 
.0105 
.0204 
.0314 
.1102 
.1103 



10:04 NCR 264 
10:09 NCR 781 
10:04 NCR 264 
10:04 NCR 
10:04 NCR 
10:09 NCR 



264 

264 
781 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



REVENUE 

Tax Review Board 
Tax Review Board 
Tax Review Board 
Tax Review Board 



10:01 NCR 03 

10:07 NCR 428 

10:09 NCR 716 

10:11 NCR 890 



i 



2583 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



» 



Tax Review Board 






10:17 NCR 2224 




17 NCAC 09G 


.0102 




10:16 NCR 2006 


11/30/96 




.0104 - 


.0105 


10:16 NCR 2006 


11/30/96 




.0107 




10:16 NCR 2006 


11/30/96 




.0201 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0301 - 


.0304 


10:16 NCR 2006 


11/30/96 




.0306 




10:16 NCR 2006 


11/30/96 




.0402 - 


0404 


10:16 NCR 2006 


11/30/96 




.0502 - 


.0509 


10:16 NCR 2006 


11/30/96 




.0512 




10:16 NCR 2006 


11/30/96 




.0514 




10:16 NCR 2006 


11/30/96 




.0516 




10:16 NCR 2006 


11/30/96 


09H 


.0102 - 


.0103 


10:16 NCR 2006 


11/30/96 




.0105 




10:16 NCR 2006 


11/30/96 




.0202 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0206 - 


.0210 


10:16 NCR 2006 


11/30/96 




.0302 - 


.0303 


10:16 NCR 2006 


11/30/96 




.0305 - 


.0306 


10:16 NCR 2006 


11/30/96 




.0409 




10:16 NCR 2006 


11/30/96 


09K 


.0201 - 


.0206 


10:16 NCR 2006 


01/01/96 




.0401 




10:16 NCR 2006 


01/01/96 




.0501 - 


.0513 


10:16 NCR 2006 


01/01/96 




.0601 - 


.0602 


10:16 NCR 2006 


01/01/96 


09L 


.0301 - 


0302 


10:16 NCR 2006 


01/01/96 




.0401 - 


.0404 


10:16 NCR 2006 


01/01/96 


SECRETARY OF STATE 






18 NCAC 04 


0102 




10:15 NCR 1567 


02/01/96 




.0201 




10:15 NCR 1567 


02/01/96 




.0203 




10:15 NCR 1567 


02/01/96 




.0205 - 


.0206 


10:15 NCR 1567 


02/01/96 




.0302 - 


.0308 


10:15 NCR 1567 


02/01/96 




.0311 - 


.0314 


10:15 NCR 1567 


02/01/96 




.0316- 


.0318 


10:15 NCR 1567 


02/01/96 




.0401 - 


.0402 


10:15 NCR 1567 


02/01/96 




.0501 - 


0504 


10:15 NCR 1567 


02/01/96 


05 


.0101 




10:15 NCR 1573 


02/01/96 




.0203 - 


.0209 


10:15 NCR 1573 


02/01/96 




.0304 - 


0305 


10:15 NCR 1573 


02/01/96 




.0404 




10:15 NCR 1573 


02/01/96 


06 


.1205 - 


.1206 


10:05 NCR 306 


09/01/95 




.1208 




10:05 NCR 306 


09/01/95 




.1302- 


.1305 


10:05 NCR 306 


09/01/95 




.1313 




10:05 NCR 306 


09/01/95 




.1402 




10:11 NCR 906 


12/01/95 




.1601 - 


.1602 


10:15 NCR 1575 


02/01/96 




.1604 - 


.1605 


10:15 NCR 1575 


02/01/96 




.1607 




10:15 NCR 1575 


02/01/96 


07 


.0302 




10:15 NCR 1578 


02/01/96 


09 






10:16 NCR 2015 


04/01/96 




.0101 - 


.0108 


10:19 NCR 2480 


04/01/96 


SOCIAL WORK 


BOARD OF 






21 NCAC 63 


.0306 




10:13 NCR 1185 


01/01/96 



Notice on Subject Matter 
Temporary Adoption Eff. 1/1/96 



SOIL SCIENTISTS, BOARD FOR LICENSING 

21 NCAC 69 10:19 NCR 2507 



Rule-Making Proceeding 



I 



STATE PERSONNEL 

25 NCAC 01 B .0201 
.0203 
.0213 



.0207 



10:16 NCR 2155 
10:16 NCR 2155 
10:16 NCR 2155 



02/01/96 
02/01/96 
02/01/96 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2584 



CUMULATIVE INDEX 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0414 






.0431 






.0437 - 


.0439 


01C 


.0207 






.0402 - 


.0408 




.0412 




01D 


.0201 
.0205 
.0207 
.0211 
.0401 
.0406 
.0504 
.0509 






.0510 - 


.0511 




.0515 






.0520 






.0808 






.0910 






.1001 






.1001 






.1005 






.1009 






.1009 - 


.1010 




.1201 






.1204 






.1401 






.1801 - 


.1802 




.1928 






.2001 






.2301 - 


.2305 




.2601 - 


.2604 


01E 


.0304 - 
.0804 


.0305 




.1001 - 


.1002 




.1110 






.1402 - 


.1411 


01H 


.0628 




on 


.2301 - 


.2310 


01 J 


.0401 - 


.0413 




.0501 - 


.0511 




.0604- 


.0606 




.0608 






.0610 - 


.0615 




.0801 - 


.0809 


OIK 


.0312 
.0318 






.0701 - 


.0705 




.0707 - 


.0708 


OIL 


.0101 - 


.0106 



10:16 
10:16 
10:16 
10:04 
10:04 
10:16 
10:04 
10:04 
10:04 
10:04 
10:12 
10:12 
10:12 
10:07 
10:12 
10:12 
10:16 
10:04 
10:12 
10:04 
10:12 
10:12 
10:04 
10:12 
10:04 
10:04 
10:04 
10:04 
10:12 
10:04 
10:16 
10:12 
10:12 
10:04 
10:12 
10:12 
10:07 
10:12 
10:12 
10:12 
10:12 
10:07 
10:07 
10:07 
10:12 
10:04 
10:12 
10:12 
10:12 
10:12 



NCR 2155 
NCR 2155 
NCR 2155 
NCR 264 
NCR 264 
NCR 2155 
NCR 264 
NCR 264 
NCR 264 
NCR 264 
NCR 986 
NCR 986 
NCR 986 
NCR 588 
NCR 986 
NCR 986 
NCR 2155 
NCR 264 
NCR 986 
NCR 264 
NCR 986 
NCR 986 
NCR 264 
NCR 986 
NCR 264 
NCR 264 



NCR 
NCR 



164 



NCR 986 
NCR 264 
NCR 2155 
NCR 986 

NCR 986 
NCR 264 
NCR 986 
NCR 986 
NCR 588 
NCR 986 
NCR 986 
NCR 986 
NCR 986 
NCR 588 
NCR 588 
NCR 588 
NCR 986 
NCR 264 
NCR 986 
NCR 986 
NCR 986 
NCR 986 



02/01/96 
02/01/96 
02/01/96 
08/01/95 
08/01/95 
02/01/96 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
02/01/96 
08/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 
08/01/95 
12/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
12/01/95 
08/01/95 
02/01/96 
12/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 



12/01/95 
12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 



12/01/95 

12/01/95 
12/01/95 

12/01/95 



12/01/95 
08/08/95 

12/01/95 
12/01/95 

12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/02/95 






♦ 



SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 

21 NCAC 68 10:18 NCR 2401 

.0501-0511 10:14 NCR 1382 02/01/96 

.0601 - .0610 10:14 NCR 1382 02/01/96 



Rule-Making Proceeding 



THERAPEUTIC RECREATION CERTIFICATION BOARD 



21 NCAC 65 .0004 




10:16 NCR 2140 


02/01/96 


.0006 - 


.0007 


10:16 NCR 2140 


02/01/96 


TRANSPORTATION 








19A NCAC 02D .0415 




10:12 NCR 984 


12/31/95 


.0801 




10:04 NCR 254 


09/01/95 



10/01/95 



2585 



NORTH CAROLINA REGISTER 



January 2, 1996 



10:19 



CUMULATIVE INDEX 



I 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



21 NCAC 



.1101 - 


.1112 


03D .0517 




.0549 




.0551 - 


.0553 


04A .0004 




06B .0401 - 


.0417 


RY MEDICAL BC 


66 .0101 




.0105 - 


.0106 


.0108 




.0201 - 


.0203 


.0205 - 


.0210 


.0301 




.0303 • 


.0308 


.0310 - 


.0311 


.0601 




.0606 




.0703 





10 


16 NCR 2015 


10 


16 NCR 2020 


10 


16 NCR 2020 


10 


16 NCR 2020 


10 


10 NCR 829 


10 


16 NCR 2023 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 


10:16 NCR 2143 



03/01/96 
02/01/96 
02/01/96 
02/01/96 
12/01/95 
03/01/96 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 



12/01/95 



I 



10:19 



NORTH CAROLINA REGISTER 



January 2, 1996 



2586 



♦ 



< 



< 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 

Title 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 



Title 5 - Dept. of Corrections 

Division of Prisons 



Full Title 



> 



Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 







ONE-TIME 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 15 09 


$28.00 


$40.00 




202 1 5 34 


$21.00 


$30.00 




202 1 5 43 


$21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 1 5 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$125.00 




204 1 5 02 


$12.00 


$40.00 




204 1 5 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




205 00 00 


$56.00 


$80.00 




205 1 5 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$495.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 1004 


$24.50 


$35.00 




211 10 05 


$17.50 


$25.00 




211 10 06 


$28.00 


$40.00 




211 1008 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 10 07 


$21.00 


$30.00 




212 10 09 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


nue 


214 00 00 


$31.50 


$45.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


Full Title 


215 00 00 


$276.50 


$395.00 




215 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




215 15 31 


$35.00 


$50.00 




215 15 32 


$17.50 


$25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 




$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full Tide 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Full Title 

Taxes on Individuals 
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Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - Full Title 

Securities Division 

Title 19A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Trde 

Tide 22 • Administrative Procedures Act - Repealed 

Tide 23 - Dept. of Community Colleges ■ Full Trde 

Tide 24 - Independent Agencies - Full Tide 

Tide 25 - Office of State Personnel - Full Tide 

Tide 26 - Office of Administrative Hearings - Full Title 

Tide 27 - North Carolina State Bar - Full Tide 

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